Section 109 BNS: Attempt to Murder (Old IPC 307)

Attempt to murder, the old IPC 307, is now Section 109 of the Bharatiya Nyaya Sanhita, 2023, for acts done on or after 1 July 2024. The wording is almost the same. The one real change is in the punishment for a person who is already serving a life sentence.

Here is what Section 109 says, how courts decide whether an act was an attempt to murder, how it differs from the sections around it, and how bail and settlement work.

What Section 109 says

• 109(1): whoever does an act with the intention or knowledge, and in circumstances, that would make them guilty of murder if the act caused death, gets up to ten years and a fine. If the act hurts anyone, the punishment can go up to imprisonment for life.
• 109(2): if the person is already serving a life sentence and causes hurt, the punishment is death, or imprisonment for life meaning the rest of their natural life. Under IPC 307, death was the only punishment named for this case.

The illustrations in the Act draw the line between preparing and attempting:

• Buying and loading a gun to kill someone is not yet an offence. Firing it at them is.
• Mixing poison into food that stays with you is not yet an offence. Putting the food on the victim's table is.
• Leaving a young child in a desert place, meaning it to die, is an attempt even if the child lives.

Old IPC sections and their new BNS numbers

Section 118(2) now has a minimum of one year, which IPC 326 did not. For any other section, the IPC to BNS converter gives the new number and what changed.

How courts decide it was an attempt to murder

Section 109 turns on the state of mind. The question is whether the act would have been murder if death had followed. The injury matters as evidence, not as a requirement. In State of Maharashtra v. Balram Bama Patil (1983) the Supreme Court held that a conviction does not need an injury capable of causing death. In Jage Ram v. State of Haryana (2015) it listed what courts look at to find the intention:

• the weapon used;
• the part of the body hit, and whether it was a vital part;
• the force and number of blows, and the nature of the injuries;
• any motive, and what the accused said or did before and after.

A single blow with a stick on the leg in a sudden quarrel is usually hurt or grievous hurt. A knife to the abdomen, or a shot fired at the chest, is the classic attempt to murder, even if the victim recovers quickly. When several people attack together, each can be charged with the help of Section 3(5) of the BNS, the old IPC 34, if they shared the intention.

Section 109, Section 110 and grievous hurt

These three get confused, and the choice of section decides the court, the bail and the sentence.

• Section 109: the act, had it caused death, would have been murder.
• Section 110, the old IPC 308: had it caused death, it would have been culpable homicide not amounting to murder, such as an act on grave and sudden provocation or in a sudden fight. Up to three years, or seven if hurt is caused.
• Section 118, the old IPC 324 and 326: hurt or grievous hurt with a dangerous weapon, where no intention to kill is shown.

A defence lawyer will often argue at the stage of framing charges that the facts show 110 or 118 at most. If the court agrees, the possible sentence drops sharply and bail becomes easier.

Arrest, bail and trial

Section 109 is cognizable, non-bailable, not compoundable and triable only by a Court of Session.

• Bail is sought from the Sessions Court or the High Court under Section 483 of the BNSS. Courts weigh the injuries, the role given to the accused, criminal history, and the risk of threats to the victim or witnesses.
• Before arrest, you can apply for anticipatory bail under Section 482 of the BNSS. It is harder to get here than in most cases, but it is granted where the injuries are minor or the role is doubtful.
• If the police don't file the charge sheet in time, the accused can claim default bail under Section 187(3) of the BNSS: after 90 days for offences punishable with death, life or ten years or more, and after 60 days for the rest.

If someone has attacked you, the FIR is the starting point. Our guide to filing an FIR under Section 173 BNSS covers what to do if the police refuse to register it. Make sure the medical examination is done and the injury report is on record early. It is the most important piece of evidence in these cases.

If the victim dies, the charge changes to murder under Section 103.

Questions people ask

Looking at an old FIR that says "307"? The IPC 307 page shows the new section side by side with the old text.

This is general information, not legal advice. Check the bare Act and speak to a lawyer about your own case.