Section 109 BNS: Attempt to murder
Bharatiya Nyaya Sanhita, 2023
Section 109 BNS at a Glance
Section 109 BNS deals with attempt to murder. It is non-bailable and cognizable; it replaced Section 307 IPC on 1 July 2024.
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.
Section 109 BNS Bare Act Text
(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.
Source: Section 109, Bharatiya Nyaya Sanhita, 2023
Section 109 BNS in the IPC (Previous Law)
Section 109 BNS replaced Section 307 IPC from 1 July 2024.
Each sub-section below names its own source.
FAQs on Section 109 BNS
Is actual death necessary for Section 109 BNS to apply?▼
No. The law applies even if the victim survives, so long as the act was done with the required intention or knowledge and was capable of causing death. Courts focus on the accused’s intent and the nature of the act.
What kind of evidence is used to prove a charge under Section 109 BNS?▼
Police and courts look at the weapon used, the number of blows, the body part targeted, medical reports, witness statements, and any prior enmity. The overall conduct of the accused before, during, and after the incident also matters.
Is the offence under Section 109 BNS bailable?▼
No, it is generally non-bailable. Bail depends on the facts of the case, the evidence, and the court’s assessment of the seriousness of the allegation.
Can a charge under Section 109 BNS be reduced if the injury is not serious?▼
Yes, in some cases. If the prosecution cannot prove intention or knowledge of causing death, courts may treat the matter as a lesser offence under the facts proved.
What does Section 109(2) of the Bharatiya Nyaya Sanhita mean?▼
Section 109(2) BNS applies where a person commits attempt to murder under Section 109(1), is already under a sentence of imprisonment for life, and hurt is caused by that act. In that situation, the law says the person may be punished with death or with imprisonment for life, meaning the remainder of that person’s natural life.
What has to be proved under Section 109(2) BNS?▼
To attract Section 109(2) BNS, it must be shown that the person did an act amounting to attempt to murder under Section 109(1) BNS, that the person was under a sentence of imprisonment for life at the time, and that hurt was caused by the act. Mere preparation is not enough; there must be an actual act towards committing murder.
What is the punishment under Section 109(2) BNS?▼
Under Section 109(2) BNS, if an offender who is already under a sentence of imprisonment for life commits attempt to murder and causes hurt, the punishment may be death or imprisonment for life, which means the remainder of that person’s natural life. By comparison, Section 109(1) BNS provides up to ten years and fine, or imprisonment for life if hurt is caused.
How is Section 109(2) different from Section 109(1) BNS?▼
Section 109(1) BNS covers attempt to murder generally, both with and without hurt. Section 109(2) BNS applies specifically when the person committing the offence under Section 109(1) is already under a sentence of imprisonment for life and causes hurt during the attempt.
Section 109 BNS: Sub-sections Explained
Section 109(1) BNS: Attempt to murder
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Bare Act Text
(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.
Explained in Simple Words
Section 109 of the Bharatiya Nyaya Sanhita (BNS) deals with attempt to murder. It applies when a person does an act with such intention or knowledge, and in such circumstances, that if the act had caused death, the person would be guilty of murder. The victim need not die, and the offence can be complete even if no injury is caused. For example, firing a gun at someone with intent to kill is attempt to murder even if the shot misses, while merely buying and loading the gun is only preparation.
Courts infer the intention or knowledge from the facts, such as the weapon used, the part of the body targeted, the force used and the surrounding circumstances. The nature of the injury alone does not decide the question.
The punishment is imprisonment of either description for up to ten years, and the offender is also liable to fine. If hurt is caused to any person by the act, the offender may instead be punished with imprisonment for life. Under sub-section (2), where the offender is already under a sentence of imprisonment for life and hurt is caused, the punishment may be death or imprisonment for life, meaning the remainder of that person's natural life. The offence is cognizable, non-bailable and triable by a Court of Session.
Key Ingredients
- 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
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 or imprisonment for life for the remainder of that person's natural life.
💰 The offender is also liable to fine in addition to imprisonment in both the base tier and the hurt tier.
Attempt to murder carries imprisonment of either description for up to ten years, and the offender is also liable to fine. Where hurt is caused, the penalty may be imprisonment for life, or the same punishment as the base tier. A life-convict who causes hurt may be punished with death or with imprisonment for life for the remainder of that person's natural life. It is cognizable and non-bailable, triable by the Court of Session.
Real-World Example
When This Does Not Apply
- The act was not done with such intention or knowledge, and under such circumstances that, if death had ensued, the accused would be guilty of murder
- The accused did not proceed beyond mere preparation to an act towards the commission of murder
- Death ensued from the act, which constitutes murder rather than an attempt
Previous Law
IPC 307 → Section 109(1) BNS
Section 307 IPC corresponds to Section 109(1) 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(1) BNS.
Section 109(2) BNS: Attempt to murder
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Bare Act Text
(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.
Explained in Simple Words
Section 109(2) of the Bharatiya Nyaya Sanhita (BNS) provides a stricter punishment for attempt to murder when committed by a convict who is already serving a life sentence. It applies when a person commits an offence under Section 109(1) BNS, meaning an act done with such intention or knowledge and under such circumstances that if it caused death the person would be guilty of murder, while already under a sentence of imprisonment for life.
Under this sub-section, if hurt is caused by the act, the offender may be punished with death or with imprisonment for life, which shall mean the remainder of that person's natural life. Unlike Section 109(1) BNS, this sub-section does not prescribe a fine.
Two points in the enacted text are important for readers. First, this sub-section applies only when hurt is actually caused during the attempt; if no hurt is caused, the offence remains governed by Section 109(1) BNS even if the offender is under a life sentence. Second, the sub-section expressly clarifies that imprisonment for life here means imprisonment for the rest of the offender's natural life.
Key Ingredients
- The accused did an act, not just preparation
- The act was done with such intention or knowledge as required for attempt to murder under Section 109(1) BNS
- The circumstances were such that if death had been caused, the accused would be guilty of murder
- The offender was already under a sentence of imprisonment for life
- Hurt was caused to any person by that act
Punishment
🔒 Death or imprisonment for life, which shall mean the remainder of that person's natural life.
💰 None prescribed by this sub-section.
When a person who is under a sentence of imprisonment for life commits attempt to murder under Section 109(1) BNS and causes hurt, the offender may be punished with death or with imprisonment for life, meaning the remainder of that person's natural life.
Real-World Example
When This Does Not Apply
- The offender is not under a sentence of imprisonment for life at the time of the attempt to murder, which is dealt with under Section 109(1) BNS
- An offender under a sentence of imprisonment for life attempts murder, but no hurt is caused by the act, which falls under Section 109(1) BNS
- A person only buys a knife or poison or loads a gun intending to kill, without doing an act towards the commission of murder
- A simple assault or negligent act causing injury, where the circumstances do not show that if death had occurred it would be murder
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·