Section 109 BNS: Attempt to Murder (Formerly Section 307 IPC)

Section 109 of Bharatiya Nyaya Sanhita: Attempt to Murder

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(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.Afires 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.

Legal Commentary & Landmark Judgments: Section 109

Section 109 penalizes Attempt to Murder, punishing proximate acts capable of causing death done with the intention or knowledge of murder.

Core Legal Standard: The core gravamen of the offence is the intention or knowledge, not the actual nature or extent of bodily injury caused.
Operational Application: If an accused fires a pistol at the victim's chest at point-blank range, they are guilty of attempt to murder even if the bullet merely grazes the arm.

Whether the victim suffered life-threatening injuries or escaped unharmed due to defective ammunition, the homicidal act itself attracts life imprisonment if hurt occurred.

Key Landmark Precedents:

Hari Singh v. State of Haryana (2002) 2 SCC 521: Held that under Section 307 IPC / Section 109 BNS, the intention or knowledge with which the act is done is the primary test, not the severity of the bodily injury caused.
State of Maharashtra v. Balram Bama Patil (1983) 2 SCC 28: Reaffirmed that to justify a conviction under attempt to murder, it is not essential that bodily injury capable of causing death should actually have been inflicted.

Legal Commentary:

Section 109 punishes homicidal intent that was frustrated by external intervention or medical skill. Whether the victim suffered life-threatening injuries or escaped unharmed due to defective ammunition, the homicidal act itself attracts life imprisonment if hurt occurred.

Section 109: Attempt to Murder

Section 109 of Bharatiya Nyaya Sanhita: Attempt to Murder

Legal Commentary & Landmark Judgments: Section 109