Section 109 BNS: Attempt to murder

The Bharatiya Nyaya Sanhita (BNS) 2023 replaced the Indian Penal Code (IPC) as a major reform in India’s criminal law framework. One of its significant provisions is Section 109 BNS, which deals with the offence of attempt to murder. This provision reflects the government's intention to simplify and modernize laws while ensuring stringent punishment for serious crimes.

Section 109 BNS 2023 closely mirrors the earlier Section 307 of the IPC, but with updated language clarification of punishment terms, and more comprehensive provisions for habitual offenders. Understanding Section 109 BNS is crucial for students, law practitioners, and other aspirants aiming to keep up with the current legal developments in India.  Explore other important Judiciary Notes.

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Section 109 BNS

Attempt to Murder

• 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.
• 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.

Note: "The information provided above has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders" 

Section 109 BNS punishes any person who tries to commit murder but fails. It requires that the act be carried out with a clear intention or knowledge that it could cause death. The key factor is the mens rea (mental intent) behind the act.

Even if no death occurs, the law considers the gravity of the act. For example, if someone stabs another person in a vital area but the victim survives, the attacker can still be charged under Section 109 BNS.

The punishment under Section 109 BNS depends on the outcome of the act. If no hurt is caused, the punishment may be up to 10 years with a fine. If hurt is caused, the punishment can extend to life imprisonment. If the offender is already a convict serving life imprisonment, and hurt is caused, the court may impose the death penalty.

Section 109 BNS : Essential Elements

The ingredients of Section 109 BNS are as follows:

• Guilty Intention or Knowledge: There must be clear intent or knowledge that the act could lead to death.
• Execution of an Act: There should be an overt act that goes beyond mere preparation.
• Proximity to the Crime: The act must be directly linked to the possibility of murder.
• Result Not Necessary: The act doesn’t need to result in death for the offence to be complete.

The nature and scope of section 109 BNS are as under -

• Cognizable: The police can arrest without a warrant.
• Non-bailable: The offence is serious in nature; hence, Section 109 BNS bailable or not? It is non-bailable.
• Non-compoundable: The case cannot be settled out of court.
• Section 109 BNS triable by which court? It is triable by a Court of Session.

Comparison with IPC Section

Before BNS, similar conduct was covered under Section 307 of Indian Penal Code (IPC). The transition to Section 109 BNS preserved the structure while fitting into the reformed legal framework under the Bharatiya Nyaya Sanhita.

Feature	Section 109 BNS (2023)	Section 307 IPC (1860)
Definition	Attempt to murder	Attempt to murder
Max Punishment	10 years or life imprisonment with fine	10 years or life imprisonment with fine
If hurt is caused	Life imprisonment	Life imprisonment
For life convicts	Death penalty or life till natural life	Death or life imprisonment
Bailability	Non-bailable	Non-bailable
Triable by	Court of Session	Court of Session

Section 109 BNS :Judicial Interpretation

Indian courts have emphasized that intent plays a vital role in determining whether a case falls under Section 109 BNS. The mere survival of the victim does not absolve the accused. Courts look into factors such as :

• The nature of the weapon
• The body part targeted
• The number of injuries inflicted
• The intention behind the act

The judiciary consistently upholds stringent action when there is clear intent to kill.

Section 109 BNS :Landmark Cases

The Indian judiciary has clarified the application of laws similar to section 109 BNS through past rulings under IPC Section 307.

• State of Maharashtra v. Kashirao (2003): The accused used a sword to attack a vital part. The court convicted under attempt to murder, citing clear intent.
• Hari Singh v. State of Haryana (1993): A blow with an axe to the head was treated as attempt to murder due to the seriousness of the act.
• Sarju Prasad v. State of Bihar (1965): The court held that causing simple injury without clear intent to kill does not attract attempt to murder.
• State of M.P. v. Kanha (2021): A habitual offender received a life sentence for repeated violent attempts.
• Laxman v. State of Maharashtra (2002): Even though the injuries were non-fatal, the court held that the act fell under attempt to murder based on the deliberate intent.

Section 109 BNS :Impact 

The clarity in Section 109 BNS empowers courts and law enforcement to address grave offences effectively . The introduction of terms like "life imprisonment till natural life " ensures there is less ambiguity in sentencing.

By laying down stricter norms for repeat offenders Section 109 BNS 2023 acts as a deterrent and reinforces the state’s commitment to uphold the right to life .

Conclusion

Section 109 BNS plays a critical role in India’s criminal law landscape. It sends a strong message against violent crimes by emphasizing the importance of intent and action, regardless of the outcome. The updated provisions under Section 109 BNS 2023 are more comprehensive than their IPC counterpart, and provide a robust legal framework for tackling attempted murders. With clearly defined punishments, procedural clarity, and judicial support, BNS 109 represents a modern approach to criminal jurisprudence in India.