attempt to murder
siddharth
(Querist) 12 July 2009
This query is : Resolved
we had a heated raw at our place.losing his temper my brother ran with a knife in his hand behind my uncle.before doing any damage to my uncle he was stoped....now can we file a case for attempt to murder on him...
A V Vishal
(Expert) 12 July 2009
No I don't think it is a fit case for attempt to murder.
A V Vishal
(Expert) 12 July 2009
Your brother can be booked under S.503. of the Indian Penal Code for Criminal intimidation . - Whoever threatens another with any injury to his person, reputation or property, or to the person or reputation of any one in whom that person is interested, with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation.
Further the punishment prescribed under S.506. for criminal intimidation is Whoever commits, the offence of criminal intimidation shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
K.C.Suresh
(Expert) 13 July 2009
Injury is not a must for attracting 307. The intention is importnat and meterial. The sequence of events ultimately shows that if he was not stopped he would have committed that crime. The question is whether she stopped his act voluntorily or by force by another. If the latter is happend then 307 is attracted.
Jayashree Hariharan
(Expert) 13 July 2009
S, you can, provided your brother was stopped by someone else. Or, alternatively, you can sit and resolve the issue, incase this is the first time your brother has done something like this.
