The Supreme Court of India has clarified that the maximum sentence for attempt to murder under Section 307 of the Indian Penal Code (IPC), if life imprisonment is avoided, cannot exceed 10 years.

The verdict was delivered in an appeal filed by a man convicted of continuously harassing his wife and children, ultimately attacking his mother-in-law and wife with a billhook.

A Division Bench comprising Justice B.R. Gavai and Justice K. Vinod Chandran set aside the 12-year rigorous imprisonment imposed by the High Court and reduced the sentence to 7 years rigorous imprisonment (R.I.), holding that the upper limit under Section 307 IPC, if life imprisonment is not awarded, is 10 years.

SC Reduces Sentence for Attempt to Murder

The Supreme Court was adjudicating the case of Ganesan v. State of Tamil Nadu (Neutral Citation: 2025 INSC 158), where the appellant was convicted under Sections 498A, 294(b), 307, and 506(II) of the IPC.

The Trial Court awarded life imprisonment, which was later reduced to 12 years R.I. by the High Court. However, the Apex Court further reduced it to 7 years R.I., citing legal precedents and sentencing guidelines.

Case Background

• The appellant, who had lost his job abroad, turned to alcohol and subjected his wife and children to continuous harassment.
• His wife left him and took shelter with her mother, who had a small business.
• Enraged by this, the appellant attacked his mother-in-law with a billhook (a sharp-bladed tool). When his wife intervened, she also suffered injuries.
• The appellant was convicted under Section 307 IPC (attempt to murder) on two counts—one for attacking his mother-in-law and the other for attacking his wife.

Supreme Court’s Reasoning

The Bench noted that Section 307 IPC prescribes two types of punishment:

1. Imprisonment for life
2. Imprisonment up to 10 years with a fine

Citing the precedent set in Amit Rana @ Koka v. State of Haryana (2024), the Court reiterated that if life imprisonment is not awarded, the punishment cannot exceed 10 years.

“Since the maximum sentence under Section 307 IPC, if life is avoided, is 10 years, the 12-year sentence imposed by the High Court cannot be sustained,” the Bench observed.

Considering the nature of injuries, family relations, and the overall circumstances, the Supreme Court reduced the sentence to 7 years R.I. while upholding the conviction under other charges.

Legal Implications of the Supreme Court’s Verdict

This ruling sets a clear precedent on the sentencing limits for attempt to murder under Section 307 IPC. It ensures uniformity in sentencing and prevents appellate courts from imposing imprisonment beyond the statutory limit.

Senior Advocate V. Krishnamurthy represented the State of Tamil Nadu (Respondent), while the appellant was represented by AOR M.P. Parthiban, along with Advocates Ankur Prakash, Priyanka Singh, Bilal Mansoor, Shreyas Kaushal, S. Geyolin Selvam, and Alagiri K.

This judgment will serve as a crucial reference for future cases involving attempt to murder under IPC Section 307 and reinforces the Supreme Court’s role in ensuring proportional sentencing.

Case Details at a Glance

• Case Title: Ganesan v. State of Tamil Nadu Rep. by Inspector of Police
• Neutral Citation: 2025 INSC 158
• Bench: Justice B.R. Gavai and Justice K. Vinod Chandran
• Appellant’s Advocates: AOR M.P. Parthiban, Ankur Prakash, Priyanka Singh, Bilal Mansoor, Shreyas Kaushal, S. Geyolin Selvam, Alagiri K
• Respondent’s Advocates: Senior Additional Advocate General V. Krishnamurthy, AOR Sabarish Subramanian, Vishnu Unnikrishnan, Azka Sheikh, Danish Saifi

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