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BNS · Section 109 · Chapter VI — OF OFFENCES AFFECTING THE HUMAN BODY

Attempt to murder

What this section does

Punishes attempt to commit murder. The section creates two tiers: a basic tier where the attempt causes no hurt, and an aggravated tier where hurt is caused. A further aggravated provision applies when the person attempting murder is already serving a life sentence and causes hurt.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Quick reference

Punishment
Basic (no hurt): imprisonment of either description up to 10 years, and fine. Aggravated (hurt caused): imprisonment for life, or imprisonment up to 10 years, and fine. Life-convict causing hurt: death, or imprisonment for life meaning remainder of natural life (sub-section 2).
Triable by
Sessions Court
Cognizable
Yes
Bailable
No
Compoundable
No

Ingredients (what prosecution must prove)

  1. The accused did an act
  2. The act was done with such intention or knowledge and under such circumstances that, if death had resulted, the accused would have been guilty of murder
  3. Death did not in fact result (otherwise s.103 applies)
  4. For the aggravated tier: hurt was caused to any person by the act
  5. For sub-section (2): the accused was under sentence of imprisonment for life and hurt was caused

Practitioner note

The illustrations clarify that the offence is complete upon commission of the act with the requisite intent, even if death does not ensue. Mere preparation (e.g., buying a gun, mixing poison not yet delivered) does not constitute the attempt. Sub-section (2) mirrors the policy of s.104 for life-convicts.

Old-law correspondence

Read the official text

For the binding statutory text of BNS Section 109, refer to the Gazette of India or the India Code official website.

Why this matters

BNS Section 109 forms part of Bharatiya Nyaya Sanhita which replaced the Indian Penal Code 1860 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.