Attempt to Murder: Section 324 PPC

The section, as retrieved

324. Attempt to commit qatl-i-amd: Whoever does any act with such intention or knowledge, and under such circumstances, that, if he by that act caused qatl, he would be guilty of qatl-i-amd, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine, and, if hurt is caused to any person by such act, the offender shall, in addition to the imprisonment and fine as aforesaid, be liable to the punishment provided for the hurt caused: Provided that where the punishment for the hurt is qisas which is not executable, the offender shall be liable to arsh and may also be punished with imprisonment of either description for a term which may extend to seven years. Pakistan Penal Code — Chapter XVI, Section 324. Retrieved from the corpus indexed by FAI Legal Research Assistant.

Retrieved via full-text search of the indexed Pakistan Penal Code. The corpus flags this text as unverified for currency or amendment — see the caution below before relying on it.

What this means

Section 324 punishes an act done with the intention or knowledge that, had it actually caused death, would have amounted to qatl-i-amd under Section 302 — the attempt is punished on its own, up to ten years plus a fine, independently of whether death resulted. Where the act also causes hurt short of death, the offender is separately liable to whatever punishment applies to that hurt, on top of the punishment for the attempt itself.

The proviso addresses a specific overlap with Islamic criminal law concepts: where the hurt caused would ordinarily carry qisas (retribution in kind) but qisas cannot actually be executed in the circumstances, the offender is instead liable to arsh (compensation for the hurt) and may additionally face up to seven years' imprisonment.

What this page does not cover

• The completed offence of qatl-i-amd itself — see Section 302.
• The definitions of qisas, arsh, and the categories of hurt referenced in the proviso, which sit in earlier chapters of the Code.
• Related but distinct provisions on attempt to commit other categories of qatl (qatl-i-khata, shibh-i-amd), not covered by this section.
• Amendments made after this text was indexed.

Frequently asked

Is attempt to murder punished the same as murder itself?

No. Section 324 carries up to ten years' imprisonment plus a fine, materially less than the punishments under Section 302 for a completed qatl-i-amd, which can extend to death or life imprisonment.

What happens if the attempt also causes injury?

The offender is liable to the punishment for the attempt under Section 324 and separately to whatever punishment applies to the hurt actually caused, subject to the proviso on arsh where qisas for that hurt cannot be executed.