BNS109
BNS Section 109: Attempt to murder
Ch VI · Of Offences Affecting the Human Body
Gazette p.47
Punishment
- (1) punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine
- (2) punished with death or with imprisonment for life, which shall mean the remainder of that person’s natural life
Depends on which sub-section applies. Copied verbatim from the text below.
Arrest, bail & court
- (1) Cognizable · Non-bailable · Court of Session (Attempt to murder)
- (1) Cognizable · Non-bailable · Court of Session (If such act causes hurt to any person)
- (2) Cognizable · Non-bailable · Court of Session (Attempt by life-convict to murder, if hurt is caused)
From the BNSS, 2023, First Schedule (machine-extracted; check the Schedule for anything consequential).
Verbatim · BNS109. 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.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.
Corresponds (indicatively) to IPC 307 of the repealed Indian Penal Code, 1860. IPC → BNS table
Cite as: Section 109, Bharatiya Nyaya Sanhita, 2023 (Act No. 45 of 2023)