BBanaka

BNS Section 109: Attempt to murder

Bharatiya Nyaya Sanhita, 2023 · Chapter 6: Of Offences Affecting the Human Body - Of offences affecting life - Of hurt - Of wrongful restraint and wrongful confinement - Of criminal force and assault - Of kidnapping, abduction, slavery and forced labour

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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, 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.

Study: explanations and related material

Replaces IPC 307. IPC → BNS converterSource: BPR&D BNS–IPC corresponding section table (UP Police, 2024-06-28)

Punishment, bail and trial

109(1)Attempt to murder.

Punishment
Imprisonment for 10 years and fine.
Cognizable or not
Cognizable
Bailable or not
Non‑bailable
Triable by
Court of Session

109(1)If such act causes hurt to any person.

Punishment
Imprisonment for life, or as above.
Cognizable or not
Cognizable
Bailable or not
Non‑bailable
Triable by
Court of Session

109(2)Attempt by life-convict to murder, if hurt is caused.

Punishment
Death, or imprisonment for life which shall mean the remainder of that person's natural life.
Cognizable or not
Cognizable
Bailable or not
Non‑bailable
Triable by
Court of Session

Source: BNSS First Schedule, Gazette of India, 25 December 2023, p. 163–164. The Schedule gives the substance of the section, not its full definition, and a State may have amended the classification for its territory. See it in the full First Schedule

Official reference: Ministry of Home Affairs: Gazette text, 25 December 2023 — source link checked: 2 October 2026.Recorded edition / snapshot date: 2024-07-01.Mobile-app reference import; the recorded snapshot date is not a fresh legal-currency guarantee. The linked government text is an independent authoritative reference, not certification that this website reproduces the same edition. The source link was checked, not every provision or subsequent amendment. Check commencement notifications, savings and jurisdiction-specific variations separately.

This text is for reference, not legal advice. Consult the official source for the authoritative text.

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