Penalty for attempt to murder in India?
The wife of a friend of ours attempted to murder her sister in law. She put kerosene on her body and lit fire to her. Luckily, thanks to her brother, she survived the attempt. Now this woman is being kept in police custody.
We wonder however, what penalty she will get. Considering she is a woman, and knowing how biased Indian law is when it comes to women, we don't know whether she will get 10 years or even life imprisonment. She will plead in her favour that she has a 7 month old baby (whom she tried to kill on the same day by kicking)...
She is treatening her family in law every day, and even her husband is living in fear daily.
Please tell us what we should expect...
Answers:
Section 307 attempt to murder clearly provides Whoever does any act with such intention or knowledge, and under such circumstances that, if he by that act caused death, he would be guilty or murder, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine, and is hurt is caused to any person by such act, the offender shall be liable either to [imprisonment for life], or to such punishment as is hereinbefore mentioned.
The consideration that are taken in account while giving quantum of sentence depends on the gravity of act that the convict had attempted, motive behind this offence, age of the convict, social status of the convict, criminal background of the convict, circumstances of the whole case leading to such an offence by the convict, social or family liabilities of the convict, the previous cases where such a person as this has been sentenced & the quantum of sentence awarded. The question that she being a lady & having a child of tender age of seven months no doubt the court may consider but if her act was detrimental for the child itself at any time during her committing such an offence as you state in your fact, that will go against her & she may be given the maximum punishment as prescribed under the provision. In your case expect any punishment between 8 to 10 years for her & fine. If the trail judge is too strict in his approach he may even sentence her for life imprisionment, but that seems most unlikely & the sentence I mentioned will be sufficient to meet the ends of justice.
she'll be forced to eat 2 poppadoms
15-to life
Trust me
If the facts above are true I as a judge would give her 30 years or 10 years with police torture (where they would also switch of cigarettes on her skin at least once a week in the first 10 weeks) so that she experiences what she wanted to do to her sister in law. Of course the child must be taken away from her. You should ask for compensation from her family.
first of all the correct word to use is punishment and not penalty.
in this case , if proved beyond doubt, the punishement could be minimum 7 years imprisonment.
i can give guidance provided all parties involved give their part of background of the case!
Better consult an advocate...try this link http://www.advocatekhoj.com/
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