Section 307 IPC (Attempt to murder) is now Section 109 BNS, in force from 1 July 2024. Under the BNS it is non-bailable and cognizable. What changed is set out below.
What Changed From IPC 307 to BNS 109?
Section 307 IPC corresponds to Section 109 BNS. Section 109(1) BNS reproduces the base offence and the hurt tier of Section 307 IPC with the same punishments. The paragraph on life-convicts becomes Section 109(2) BNS, which provides that where hurt is caused by a life-convict, the punishment may be death or imprisonment for life for the remainder of the natural life of that person, whereas Section 307 IPC provided for death only. The four statutory illustrations are retained in Section 109 BNS.
IPC 307 vs BNS 109: Comparison Table
Aspect
IPC 1860 (repealed)
BNS 2023 (in force)
Section
307
109
Offence
Attempt to murder
Same
Punishment
Imprisonment of either description for up to ten years; if hurt is caused, imprisonment for life, or imprisonment of either description for up to ten years; for a life-convict causing hurt, death.
Imprisonment of either description for up to ten years; if hurt is caused, imprisonment for life, or imprisonment of either description for up to ten years; for a life-convict causing hurt, death or imprisonment for life for the remainder of that person's natural life.
Fine
The offender is also liable to fine in addition to imprisonment in both the base tier and the hurt tier.
Same
Bail
Non-Bailable
Same
Cognizance
Cognizable
Same
Compoundable
Non-Compoundable
Same
Triable By
Court of Session
Same
IPC 307 and BNS 109: Bare Act Text Side by Side
IPC 1860 (repealed)
Section 307, IPC 1860
307. Attempt to murder.—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.
Attempts by life-convicts.—When any person offending under this section is under sentence of 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 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.
BNS 2023 (in force)
Section 109, BNS 2023
(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.
Ingredients: IPC 307 vs BNS 109
Under IPC 307
The accused did an act towards another person
The act was done with such intention or knowledge, and under such circumstances that, if death was caused, the accused would be guilty of murder
Death did not ensue from the act
Where hurt is caused to any person by such act, the higher punishment applies
Under BNS 109
An act done with such intention or knowledge, and under such circumstances that, if death were caused, the offender would be guilty of murder
Whether hurt is caused to any person by such act
Whether the offender is under sentence of imprisonment for life
What IPC 307 to BNS 109 Means for Pending Cases
For Section 307 IPC (now Section 109 BNS): for an act committed before the Sanhita came into force, a life-convict causing hurt could be punished with death under Section 307 IPC. For an act committed after that date, the charge cites Section 109 BNS, where the court may sentence a life-convict who causes hurt to death or to imprisonment for life for the remainder of the natural life of that person. The base tier and the hurt tier remain framed on the same elements and penalties as before.
FAQs: IPC 307 to BNS 109
What changed when Section 307 IPC became Section 109 BNS?▼
Under Section 109(1) BNS the base offence and the hurt tier keep the same words and punishments as Section 307 IPC. Under Section 109(2) BNS, if a life-convict causes hurt during the attempt, the court may award death or imprisonment for life for the remainder of the natural life of that person, whereas Section 307 IPC allowed only death.
Where does Section 307 IPC sit in the BNS?▼
In Section 109 BNS, in Chapter VI, Of Offences Affecting the Human Body, under the sub-heading Of offences affecting life.
Does Section 307 IPC or Section 109 BNS apply to an act done before 1 July 2024?▼
Section 307 IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 307 IPC. Section 109 BNS governs acts done on or after 1 July 2024.
Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.
Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·