Bharatiya Nyaya Sanhita, 2023
BNS Section 109
Attempt to murder
In one line
BNS Section 109 deals with attempt to murder and replaces IPC 307.
Punishment, bail and court
| Section | Offence | Punishment | Cognizable | Bailable | Triable by |
|---|---|---|---|---|---|
| 109(1) | Attempt to murder. | Imprisonment for 10 years and fine. | Cognizable. | Non-bailable. | Court of Session. |
| 109(1) | If such act causes hurt to any person. | Imprisonment for life, or as above. | Cognizable. | Non-bailable. | Court of Session. |
| 109(2) | Attempt by life-convict to murder, if hurt is caused. | Death, or imprisonment for life which shall mean the remainder of that person's natural life. | Cognizable. | Non-bailable. | Court of Session. |
Source: First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The punishment column is the Schedule’s summary; the section text below is what prescribes the punishment. Classification decides procedure (arrest, bail as of right, which court), not the result of any particular case.
Bare act text — BNS 109
109. Attempt to murder.
(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, 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 imprisonment for life, or to such punishment as is hereinbefore mentioned.
(2) When any person offending under sub-section (1) is under 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. 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 sub-section (1). (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.
What changed from the IPC
- IPC 307 → BNS 109: Under IPC, Section 307 Clause 2 prescribes the death penalty only for an attempt to murder by a life-convict, but alternate punishment is given in Section 109(2) of the BNS, which states that "be punished with death or with imprisonment for life, which shall mean the remainder of that person's natural life".
Frequently asked
What was BNS Section 109 in the IPC?
BNS Section 109 (Attempt to murder) replaces Section 307 of the Indian Penal Code, 1860. IPC 307 is now BNS 109.
What is the punishment under BNS 109(1)?
Attempt to murder – punishable with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by court of Session.
What is the punishment under BNS 109(2)?
Attempt by life-convict to murder, if hurt is caused – punishable with death or with imprisonment for life, which shall mean the remainder of that person’s natural life. Under the First Schedule to the BNSS, 2023 it is cognizable and non-bailable, triable by court of Session.
Is BNS 109 bailable?
Non-bailable: BNS 109(1), 109(1), 109(2). Bail in a non-bailable offence is at the court's discretion; the classification decides procedure, not the outcome of a particular bail application.
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Nearby BNS sections
- BNS 104 — Punishment for murder by life-convict
- BNS 105 — Punishment for culpable homicide not amounting to murder
- BNS 106 — Causing death by negligence
- BNS 107 — Abetment of suicide of child or person of unsound mind
- BNS 108 — Abetment of suicide
- BNS 110 — Attempt to commit culpable homicide
- BNS 111 — Organised crime
- BNS 112 — Petty organised crime
- BNS 113 — Terrorist act
- BNS 114 — Hurt