When Survival Demands Attempt to Murder Protection

Imagine surviving a brutal Attempt to Murder a crime so grave it falls under IPC 307, one of the most serious offences in Indian criminal law. The physical wounds may heal, but the mental trauma often lingers, especially when the accused is free on bail and you must face them during the criminal trial.

Threats, harassment, and intimidation are not rare they are common tactics used to weaken testimony in court cases involving Attempt to Murder. If you are a survivor, your safety is not just a personal need it is a legal right. This guide will explain how to secure police protection during trial, the legal remedies available, and the practical steps to safeguard yourself and your family.

Understanding Attempt to Murder Under IPC 307

Section IPC 307 criminalises any act done with the intention of causing death, even if the victim survives. The punishment can extend up to 10 years’ imprisonment or life imprisonment, especially if injuries are severe.

• Key legal points:

1. Non-bailable & Cognisable Offence: The police can arrest without a warrant.
2. Bail Considerations: Courts assess the seriousness of the crime and the threat to the survivor before granting bail.
3. Survivor’s Role: As a key witness, your protection is essential for the integrity of the criminal trial.

1. Common Challenges Faced by Survivors

Survivors of Attempt to Murder often encounter:

1. Threats & Harassment – Accused persons may pressure you to turn hostile.
2. Bail Misuse – Some misuse bail liberty to intimidate or harm survivors.
3. Lack of Awareness – Many survivors don’t know they can seek police protection or bail cancellation.

• Real-World Example:

In State of Maharashtra vs. [Accused] (Bombay High Court, 2023), the court cancelled bail after the accused threatened the survivor during trial, emphasising that in IPC 307 cases, ensuring witness safety is a fundamental aspect of justice.

2. Legal Remedies & Steps to Secure Police Protection

• File a Police Protection Application in Court

1. Submit an application to the trial court detailing the threats.
2. Attach supporting evidence call recordings, screenshots, letters, CCTV footage.
3. Your lawyer can request urgent hearing for immediate protection orders.

• Approach the Superintendent of Police (SP) or Commissioner

1. File a written complaint with case details and the FIR number.
2. Mention threat perception and request official deployment of police protection.

• Seek Bail Cancellation

1. If the accused threatens you or tampers with evidence while on bail, your lawyer can file for bail cancellation under Section 439(2) CrPC in the Sessions Court or High Court.
2. Bail cancellation can send the accused back to custody, removing immediate risk.

• Invoke the Witness Protection Scheme, 2018

Approved by the Supreme Court, this scheme offers:

1. Police escorts for court appearances.
2. Relocation to safe accommodation.
3. Non-disclosure of personal identity in court records.

• Threats are categorised as:

1. Category A – Imminent threat to life.
2. Category B – Threat to safety, reputation, or property.
3. Category C – Moderate threat.

• Request an In-Camera Trial

1. Conducts trial in private to shield survivors from public exposure.
2. Limits the presence in the courtroom to only essential parties.

3. Timelines & Documentation Tips

Police protection orders can be issued within 48–72 hours in urgent cases.

• Always keep:
  1. FIR copy
  2. Medical reports
  3. Evidence of threats
  4. Any previous protection orders
• File protection applications immediately upon receiving threats delay weakens urgency.

Legal Advice & Things to Avoid

• Avoid direct communication with the accused or their family.
• Don’t make public statements about the case without legal advice.
• Never ignore even minor threats report all incidents.
• Work with a qualified criminal lawyer familiar with Attempt to Murder and witness protection procedures.

Conclusion: Stay Safe, Stay Empowered

Surviving Attempt to Murder is a battle but ensuring safety during the criminal trial is equally vital. Indian law offers robust remedies: police protection, Witness Protection Scheme, bail cancellation, and in-camera trials. Awareness, documentation, and timely legal action can make the difference between living in fear and standing strong in court. Your safety is your right exercise it without hesitation.

Disclaimer:

This article is for informational purposes only and does not constitute legal advice. Laws, procedures, and interpretations may vary by jurisdiction, and outcomes depend on the unique facts of each case. Please consult a qualified legal professional for personalised advice before making legal decisions or taking action.

About Tigde Law Firm

Tigde Law Firm is recognised among the top 10 law firms in India, offering full-service legal expertise in complex areas including EOW, ED, corporate law, property, builder disputes, divorce, civil, commercial, and criminal cases. Headquartered in Thane with offices across Mumbai and Navi Mumbai, Tigde Law Firm serves clients nationwide with a strong team of over 100 lawyers. From local courts to the High Court and Supreme Court, TLF leads with trusted, result-driven advocacy.

Founded by Sachin Subhash Tigde and Shubhash Tigde, both experienced High Court lawyers in Maharashtra with a legacy of over 45 years and second-generation expertise, the firm has handled more than 5,000 cases. With 50+ in-house advocates across Mumbai, Navi Mumbai, and Thane, Tigde Law Firm is widely regarded as the best law firm in Thane and home to some of the most reliable advocates and lawyers in Thane. Specialising in property and redevelopment matters, RERA compliance, society disputes, divorce, NCLT, civil, criminal, corporate, and IP law, TLF delivers clarity and confidence to clients facing complex legal challenges.

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