The Intriguing Section of 307 IPC-Dangerous to life… is it?

Medical documentary evidences like medicolegal reports on injuries prepared by the medical practitioners are very important for the courts in making their legal judgments. A medical officer has to prepare the MLR in all cases brought in the emergency by the police, those coming of their own for medico legal examination or any other case in which foul play is suspected. The type of wounds and weapons, legal categories of hurts and their ages are specifically noted in these reports. Now a days, most of criminal cases, more in particular, in the District Sessions Courts in India, are ‘Hurt ’cases such as offences punishable under section 323, 324, 326 & 307 of Indian Penal Code, 1860. There is no criminal Court in India without these cases. Section 307 IPC-attempt to murder is defined as an act which is done with knowledge or intention that it is likely to cause death. The line of demarcation between an offence punishable under Section 326 IPC and under Section 307 IPC is that to fall within Section 307 IPC, the act must be done with such mens-rea as would have formed the act of murder if death had occurred. However, the law enforcement agencies instead of enquiring about the other elements of Section 307 IPC is mainly looking for the comment injury dangerous to life ’in the MLR report prepared by doctor. As the definition of injury ‘dangerous to life ’is not very precise because of which there are subjective variations present in each case as compared to grievous injuries and thus, the chances of making errors by the doctor increases. In this article we're going to discuss in detail about different court judgments and practical hurdles faced by doctors with regard to this section.