Whoever does any act with such intention or knowledge, and under such
circumstances that, if he by that act caused death, he would be guilty of murder, 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 be liable either to 1[imprisonment for life], or to such punishment as is hereinbefore mentioned.
Attempts by life-convicts.-- 2[When any person offending under this section is under sentence of
2[imprisonment for life], he may, if hurt is caused, be punished with death.]Illustrations
(a) A shoots at Z with intention to kill him, under such circumstances that, if death ensued A would be guilty of murder. A is
liable to punishment under this section.
(b) A, with the intention of causing the death of a child of tender years, exposes it in a desert place A has committed the
offence defined by this section, though the death of the child does not ensue.
(c) A, intending to murder Z, buys a gun and loads it. A has not yet committed the offence. A fires the gun at Z. He has
committed the offence defined in this section, and, if by such firing he wounds Z, he is liable to the punishment provided by the
latter part of 3[the first paragraph of] this section.
(d) A, intending to murder Z by poison, purchases poison and mixes the same with food which remains in A's keeping; A
has not yet committed the offence defined in this section. A places the food on Z's table or delivers it to Z's servants to place it on
Z's table. A has committed the offence defined in this section.
1. Subs. by Act 26 of 1955, s. 117 and the Sch., for "transportation for life" (w.e.f. 1-1-1956).
2. Added by Act 27 of 1870, s. 11.
3. Ins. by Act 12 of 1891, s. 2 and the Second Sch.