A, with the intention of causing the death of an illegitimate child of tender age, exposes it in a deserted place. Thereafter a passer-by saves the child from dying. What offences have been committed by A”?

Question: A, with the intention of causing the death of an illegitimate child of tender age, exposes it in a deserted place. Thereafter a passer-by saves the child from dying. What offences have been committed by A”? [HR.J.S. 2006]

Find the answer to the mains question only on Legal Bites [A, with the intention of causing the death of an illegitimate child of tender age, exposes it in a deserted place. Thereafter a passer-by saves the child from dying. What offences have been committed by A”?]

Answer

A has committed the offence of attempt to murder under Section 307 of IPC. The words ‘such intention’ found in section 307, refers to the intention referred to in Section 300. It means:

1. intention to cause death;
2. intention to cause such bodily injury, which the offender knows is likely to cause death;
3. intention to cause such bodily injury, which is sufficient in the ordinary course of nature to cause death.

Thus, the intention to cause death is the essence of the offence of an attempt to murder. The intention is something that precedes the actual attempt.

Once the necessary intention to commit murder is established, the ultimate result of the attempt will be immaterial, unless of course, the attempt results in murder, in which case, it will fall under Section 300, IPC.

In Girija Shankar v. State of Uttar Pradesh AIR 2004 SC 1808 it was observed that: What the Court has to see is whether the act, irrespective of its result, was done with the intention or knowledge and under circumstances mentioned in this section. An attempt in order to be a criminal need not be a penultimate act.

It is sufficient in law if there is present an intent coupled with some overt act in execution thereof.

Illustration (b) to section 307 explains the given situation well: A, with the intention of causing the death of a child of tender years, exposes it in a desert place. A has committed the offence defined by this section, though the death of the child does not ensue.

The intention of A in the present case can be gathered from his act of deserting the child of tender age in a deserted place with a clear intention to kill him. So, A is liable for the offence of an attempt to murder under Section 307.

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