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Criminal Law

Section 307 PPC: Attempt to Murder Under Pakistani Law

3 min read

Short answer: Attempt to murder in Pakistan is codified at Section 307 of the Pakistan Penal Code, 1860. It punishes a person who does any act with such intention or knowledge, and under such circumstances, that if they thereby caused death they would be guilty of qatl-i-amd. Punishment is imprisonment of either description up to ten years, plus fine, and can extend to imprisonment for life if hurt is caused.

What the section actually says

Section 307 PPC, as amended by the Criminal Law (Second Amendment) Ordinance, 1990, reads (paraphrased): whoever with the intention or knowledge of circumstances under which qatl-i-amd would be committed does an act toward the commission of that offence is punishable with imprisonment which may extend to ten years and shall also be liable to fine. Where hurt is caused, the accused is additionally liable to qisas or diyat for the hurt inflicted, in accordance with sections 332 to 338-F PPC.

The three elements the prosecution must prove

  1. Intention or knowledge — the mental element required for qatl-i-amd: intention to cause death, or to cause bodily injury likely to cause death, or knowledge that the act was imminently dangerous.
  2. An overt act toward commission of the offence — mere preparation is not enough. There must be an act that, if not interrupted or unsuccessful, would have caused death.
  3. Capability — the act must be of a nature that could have caused death, not merely an ineffectual gesture.

The line between preparation and attempt

Pakistani courts draw on the classic test: mere procurement of a weapon or loading of a firearm is preparation; pointing the loaded weapon and pulling the trigger (even if the shot misses) is attempt. Purchasing poison is preparation; administering it is attempt. The dividing line is the start of an overt act that, if completed, would have caused death.

Hurt caused vs no hurt caused

  • No hurt — imprisonment up to 10 years and fine.
  • Hurt caused — in addition to the principal punishment, the accused is liable to qisas or diyat for the hurt under Sections 332–338-F PPC. Where hurt amounts to itlaf-i-udw (permanent disfigurement) or itlaf-i-salahiyyat-i-udw (destruction of function of a limb), the gradation is elaborate and fact-specific.

Trial and procedure

Section 307 PPC is cognizable, non-compoundable, and triable by the Court of Session. An FIR under Section 154 CrPC is the entry point. Bail is discretionary — the offence is non-bailable, so the accused must apply to the Sessions Court or High Court and satisfy the standard tests under Sections 497–498 CrPC.

Common defences

  • No intention to cause death — at best Section 337A (hurt) applies, not 307.
  • Right of private defence under Sections 96–106 PPC.
  • Preparation, not attempt — the act had not crossed the overt-act threshold.
  • Impossibility of completion — pointing an unloaded weapon at the deceased is typically treated as a lesser offence.

Next steps

Section 307 cases are won or lost on forensic evidence (weapon, recovery, ballistics) and the ocular account. If you are facing a Section 307 charge or representing a victim, the early days of the investigation matter enormously. Engage an advocate before the first production in court.

This article is part of the Criminal Law in Pakistan — Complete Guide pillar. Continue with:

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