Section 109 of the Bharatiya Nyaya Sanhita, 2023 (BNS) defines the offence of attempt to murder. It is the direct successor to Section 307 of the Indian Penal Code (IPC)—one of the most widely searched and charged provisions in Indian criminal practice.
What Section 109 BNS provides
- Section 109(1): 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, is punishable with imprisonment of either description for a term which may extend to 10 years, and shall also be liable to fine. If the act causes hurt to any person, the offender shall be liable either to imprisonment for life, or to such punishment as mentioned above.
- Section 109(2): When any person offending under sub-section (1) is already under a sentence of imprisonment for life, he may, if hurt is caused, be punished with death or with imprisonment for life, which shall mean the remainder of that person’s natural life.
The essentials, in plain language
Three core elements establish the offence:
1. An act done towards committing murder (e.g., a shot fired, a weapon struck, or poison administered).
2. The intention or knowledge that the act could result in death.
3. Circumstances such that if death had occurred, the act would amount to murder.
Actual physical injury is not mandatory—a missed gunshot fired with murderous intent still constitutes an attempt to murder. Conversely, causing a severe injury without the intention or knowledge to cause death falls under hurt offences rather than Section 109 BNS.
Procedure
Attempt to murder is a cognizable and non-bailable offence, triable exclusively by the Court of Session. Because proving intention or knowledge is central to this charge, the nature of the weapon, targeted body part, force used, and medical testimony form the primary foundation of trial proceedings.
What changed from Section 307 IPC
The substantive elements of the offence remain unchanged. The key modification lies in Section 109(2) regarding life convicts:
- Under Section 307 IPC, mandatory death penalty was prescribed for a life convict causing hurt during an attempt to murder. However, this mandatory provision was struck down by the Supreme Court in Mithu v. State of Punjab (1983) as unconstitutional under Article 21.
- BNS Section 109(2) formally updates the statutory text to align with constitutional standards by explicitly providing an alternative sentence: death or imprisonment for the remainder of the person’s natural life.
Charged under Section 109 BNS, or the complainant in such a case?
The boundary between attempt to murder and hurt offences often depends on evidence gathered during the initial investigation. Consult a criminal advocate in your city or search verified practitioners through the Free Law directory.