BNS Section 109: Attempt to Murder
Section 109 of the Bharatiya Nyaya Sanhita, 2023 deals with attempt to murder. It covers acts done with such intention or knowledge, and in such circumstances, that if death were caused by the act, the offender would be guilty of murder. The section also provides enhanced punishment where hurt is caused and a special rule for a person already undergoing imprisonment for life.
Current legal status: The Bharatiya Nyaya Sanhita, 2023 is Act No. 45 of 2023. Section 109 came into force on July 1, 2024.
Text of Section 109 of the Bharatiya Nyaya Sanhita, 2023
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.
The official BNS text can be verified through India Code. The Ministry of Home Affairs also provides the official New Criminal Laws page and the BNS commencement notification.
Legal meaning of attempt to murder under Section 109
The section focuses on the nature of the act, the intention or knowledge accompanying it, and the surrounding circumstances. The test stated by the provision is whether, if death had resulted from the act, the offender would have been guilty of murder.
Death of the victim is therefore not necessary for Section 109 to apply. What is required is an act that goes beyond mere preparation and is performed with the intention or knowledge contemplated by the section.
Essential ingredients of Section 109 BNS
- There must be an act done by the accused.
- The act must be accompanied by the intention or knowledge required by Section 109.
- The circumstances must be such that, if death had been caused by that act, the accused would have been guilty of murder.
- Actual death is not necessary.
- If hurt is caused by the act, the enhanced punishment in the latter part of Section 109(1) becomes applicable.
The statutory illustrations show the distinction between preparation and attempt. Merely buying and loading a gun with an intention to murder does not by itself complete the offence under this section, but firing the gun at the intended victim does.
Illustrations given in Section 109
- (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.
Punishment under Section 109 BNS
| Section 109(1) | Imprisonment of either description for a term which may extend to ten years, and fine. |
|---|---|
| If hurt is caused | Imprisonment for life, or the punishment provided in Section 109(1). |
| Section 109(2) | If a person already under sentence of imprisonment for life causes hurt while offending under Section 109(1), the punishment may be death or imprisonment for life for the remainder of that person's natural life. |
Is Section 109 BNS bailable?
| Cognizable | Yes. |
|---|---|
| Bailable | No. The offence is non-bailable. |
| Triable by | Court of Session. |
These classifications are contained in the First Schedule to the Bharatiya Nagarik Suraksha Sanhita, 2023. The official BNSS text is available from India Code.
Section 109 and Section 110 BNS
Section 110 BNS deals with attempt to commit culpable homicide not amounting to murder. Section 109 applies where the circumstances are such that, if death had resulted, the offender would have been guilty of murder. The distinction therefore depends on the mental element and circumstances that would determine the nature of the completed homicide offence.
Corresponding provision under the Indian Penal Code
Section 109 BNS broadly corresponds to Section 307 of the Indian Penal Code, 1860, which dealt with attempt to murder. For any particular case, the applicable substantive law depends on the date of the alleged offence and the relevant repeal and savings provisions.
Frequently asked questions
What is Section 109 BNS?
Section 109 is the BNS provision dealing with attempt to murder. It applies where an act is done with such intention or knowledge and in such circumstances that, if the act caused death, the accused would be guilty of murder.
Is injury necessary for Section 109 to apply?
No. Section 109 can apply even if no hurt is caused, provided the required act, intention or knowledge, and circumstances are established. If hurt is caused, the section provides for enhanced punishment.
What is the maximum punishment under Section 109(1)?
Without hurt, imprisonment may extend to ten years and fine. If hurt is caused, the offender may be punished with imprisonment for life or the punishment otherwise provided under Section 109(1).
Is Section 109 BNS non-bailable?
Yes. Under the BNSS First Schedule, the Section 109 categories are cognizable, non-bailable and triable by the Court of Session.
This page is intended as a general legal reference. Application of Section 109 depends on the facts, evidence, date of the alleged offence and binding judicial decisions.