Ganesan vs State 2025 INSC 158 - S 307 IPC - Punishment

Indian Penal Code 1860 - Section 307 - “attempt to murder” provides for a punishment of, either imprisonment for life or imprisonment of either description for a term which may extend to 10 years and fine. The threshold term of imprisonment, if life is avoided, can only be 10 years and not more - In this case, SC held: sentence of 12 years R.I. granted by the Appellate Court cannot be sustained; since the maximum sentence under Section 307, I.P.C., if life is avoided, can only be a maximum of 10 years- Appellate Court is not competent to impose a punishment higher than the maximum that could have been imposed by the Trial Court. (Para 5-8)