Section 109 of Bharatiya Nyaya Sanhita (BNS): Attempt to murder

The legal basis for a case of attempted murder is established by BNS Section 109, which also defines the conditions under which charges may be brought and the resulting punishments. It defines “attempted murder” behaviour that indicates a desire to kill, needing sufficient progress toward the planning of the offence as well as clear evidence of purpose. 

Offenders may be punished with jail time and fines for failed attempts that do not end in harm; the severity of the penalty will depend on the attempt. The seriousness of the offence is highlighted by the harsher penalties, which include life in prison or the death penalty, if the attempt results in injury. In order to guarantee that readers fully comprehend the bounds of the law and to provide guidance for judges in their interpretation, the section also offers illustrative scenarios that explain when an effort is considered an infraction. 

Section 109 of BNS

The BNS has classified the offense of attempting to commit the act of murder under Section 109. It further lays out the circumstances within which a person may be charged and the punishment applicable to such a charge. More light, however, is shone on the repercussions for actual physical injury as opposed to mere boarding approaches in that these do not just attract fines and imprisonment for non-successful attempts only.

Section 103 of BNS is part of CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY in Bharatiya Nyaya Sanhita.

Statement of Section 109 of BNS

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.

• Meaning:

1. The first statement means that if someone does something with the intention to cause harm or knowing it could lead to death then they can be punished with up to ten years in prison and may also have to pay a fine. If their actions cause injury to someone they could face a life sentence or similar punishments.

2. If a person is already serving a life sentence and causes harm then they could be punished with death or life in prison, meaning they would stay in prison for the rest of their life.

Illustration given under Section 109 of BNS

1. 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.

2. 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.

3. 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).

4. 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.

What is Chapter VI of Offence Affecting the Human Body?

Chapter VI deals with the offence affecting the human body under Bharatiya Nyaya Sanhita (BNS). Offences affecting the human body are covered from sections 100 to 146 of the BNS. This includes: 

Culpable homicide, Inhumane violations, Hurt, Kidnapping and abduction, Wrongful restraint and wrongful confinement, Criminal force and assault, Slavery and forced labour and Sexual offences.

Definition of Section 109 of BNS

1. Purpose and Awareness

This section concerns individuals that willingly undertake or even intend to engage in actions that would result to a multi-million dollar injury or even death to someone in the near future.

It means that they realize that there are dangers associated with their actions.

2. Situation of the Act

In addition to the different aspects of the act, it is also essential to evaluate the context or the situation of its commission. These could include factors such as the conduct of the accused, the instruments employed by the accused or even the environment.

 It in death though, one shall be charged with murder and the legal implication is very serious.

3. Punishment for the Action

The maximum imprisonment term of about 10 years might be given to the individual if the act is fatal.

The punishment is not mandatory and the judge may vary the punishment depending on the situation at hand.

4. Liability for fine

The person guilty of the offence may also face a fine or additional penalty depending on the gravity of the offence committed.

5. Causing Harm

Similarly, the consequences are equally severe although no death occurs but an injury (hurt) is inflicted on someone.

Even the threat of life imprisonment to the criminal illustrates the legal system’s stand on the issue of causing harm to other human beings irrespective of the fault.

6. Discretionary Punishment

This provision contains certain ranges of disciplines enabling consistency in the imposition of the relevant ranges. This ranges from a minimum to a maximum of a lifetime imprisonment in the most serious cases.

7. Legal Implications

This law discourages actions which, however innocently done, may involve and endanger the life of another person.

It practically insists on individual accountability of ones actions to the extent such actions have highest potential to results in death or grievous bodily harm.

8. Context of Application

These laws are necessary in upholding public order and even justice as they help to avoid the occurrence of certain crimes like violence and even murder.

Change from IPC to BNS

The core principles are still the same although the concepts found in Section 307 of the IPC has been substituted by the provisions of Section 109 of BNS. The major change has been made though when it comes to penalties and the objective of imprisonment as they have been well explained. While the IPC as explained above, was silent on the term, the BNS removes all ambiguity when it comes to the sentence by referring to life imprisonment as in the whole life of the convict in prison.

Courts will find it simpler to impose suitable penalties as a result of this clarification, especially for repeat offenders or those who are currently serving sentences. The law also upholds the idea that the person who committed the crime must suffer serious consequences even in the event that the murder attempt is unsuccessful.

Difference between IPC and BNS regarding Attempt to Murder

Indian Penal Code (IPC)	Bhartiya Nyaya Sanhita (BNS)
In IPC, Section 307 deals with Attempt to Murder.	In BNS, Section 109 deals with Attempt to Murder.
It was assented on 6th October, 1860.	It received the assent of the President on the 25th December, 2023.
It came into effect on January 1, 1862.	It came into effect on July 1, 2024.
Statement:(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). Attempts by life convicts.— When any person offending under this section is under sentence of imprisonment for life, he may, if hurt is caused, be punished with death.	Statement:(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.

Similarities Between Section 109 BNS and Section 307 IPC

Section 307 of the Indian Penal Code (IPC) and Section 109 of the Bharatiya Nyaya Sanhita (BNS) are based on the same principles. The goal of these laws is to punish people who try to commit murder with obvious intent or awareness of the consequences of their acts. Since both provisions require the same essential elements—intention to murder or knowledge that the conduct would probably result in death and an overt act that directly corresponds with that intent—the legal concepts behind both are quite similar.

For example, even if the victim lives, shooting someone with the intent to kill would be deemed an attempt at murder under Section 109 BNS and Section 307 IPC. Both clauses make sure that people who make significant attempts to end someone’s life are punished, even if the attempt is unsuccessful and they emphasise the same mental element—intent to cause death. 

Differences in Service and Language

Although the basic ideas are still the same, the BNS offers terminology that is more precise and lucid, especially when it comes to the idea of life in prison. The phrase “life imprisonment” under Section 307 IPC was frequently seen as being ambiguous and in certain cases, it might have implied sentences that could be decreased or remitted.

Nevertheless, Section 109 BNS makes this clear by clearly saying that life in prison entails incarceration for the rest of the offender’s natural life. This eliminates any potential of doubt and guarantees that, absent exceptional circumstances, criminals convicted of violating Section 109 and given a life sentence will be required to serve out their whole sentence without the option of early release. 

The BNS also has more robust provisions for people who are currently serving life sentences. Section 109 permits the death penalty or an extension of a life sentence for the remainder of the inmate’s natural life in the event that a lifer tries to commit murder once more. This emphasis on repeat offenders and harsher punishments for lifers are important additions that the IPC does not specifically address. 

Punishment for Attempt to Murder Under Section 109 of BNS

1. Focus on Killing Intention:

The serious offence of attempting to kill someone is covered in Section 109. This is taken very seriously by the law.

2. Minimum Sentence: 

An individual found guilty of attempting murder faces a minimum 10 year jail sentence.

This penalty may also include fines.

3. Life in Prison for Harming Someone: 

A life sentence may be imposed if the attempted murder results in harm to another person.

In these situations, the court may additionally determine other appropriate penalties.

4. Serious Penalties for Life in Prison:

A very serious reason for trying to hurt someone else for those currently serving life sentences is that you could be killed.

5. Non-Bailable Offense: 

Bail is not allowed in the offense of attempting to commit murder. This means that the accused person will not be able to seek bail and will be compelled to stay in custody until the trial commences.

6. Cognisable Offense: 

As this is a cognisable offense, it necessitates an immediate inquiry on the part of the police and allows for an arrest to be made without warrant.

Examples of Punishment in Practice

To have a better understanding of the application of punishments, think about this situation: In order to kill someone, someone puts poison in their drink, but the victim chooses not to drink it. Despite the fact that no harm was done, the individual could still be imprisoned for up to 10 years under Section 109 because the effort to kill was genuine and intentional.

However, because the conduct causes harm, the offender may be imprisoned for life if the victim drinks the poisoned drink and is harmed but survives. The severity of the attempt and the effects of the crime are both addressed by the law due to these different penalties. 

Non-Bailable, Cognizable and Non-Compoundable Offense

The fact that Section 109 of the Bharatiya Nyaya Sanhita (BNS) declares attempted murder to be a crime that is not subject to bail, cognizable or compoundable is among its most important features. This implies that once someone is charged under this clause, it is difficult for them to obtain bail and the police can make anit is possible to do so arrest without undertaking the warrant. The other implication of a non-compoundable offense is that the process of law must be followed to the end and the matter cannot be settled outside court.

Hence, in the bail applications, attorneys are bound to elaborate on the alleged coercive purpose or other factors justifying the attempt murder charge, the burden resting of the defendants. Defending someone accused under Section 109 could be actively challenging the purpose and acts of the relevant individual, especially since this is a serious charge and the likelihood of bail is quite low.

The Value of Proving or Disproving Intent

Intent is a crucial factor in cases involving attempted murder. The prosecution’s main goal is to show that the defendant knew their acts could result in death or had a clear intention to cause death. Circumstantial evidence, witness statements or the accused’s pre-act behaviour are frequently used to demonstrate intent.

Disproving intent becomes the main what one hopes to accomplish as a defense attorney. They can claim that while actions may be attributable to the defendant, they had no intent to kill or were incapable of forming the necessary intent. Demonstrating thorough understanding of the defendant’s mental state at the time of the act may lead to the defendant’s acquittal or lesser charge being proffered.

Circumstantial Evidence’s Function

In most such occasions of murder attempts, direct evidence, be it a confession or eyewitness account, may be elusive. As a result, circumstantial evidence becomes an indispensable component in establishing guilt. Lawyers have to extensively analyze the behavior of the accused prior and post, the weapon or weaponry employed, the conduct that was to take place and the timeline of events.

For example, even if the victim lives, the accused’s preparation of harmful materials (such as poison or weapons) is a powerful piece of circumstantial evidence to demonstrate intent. The defense, however, may contest how these acts are interpreted, claiming that they don’t always demonstrate a murderous purpose. 

Trial Procedure under BNS Section 109

1. Filling a FIR

• In any legal system, the first step in the process is to inform the authorities about the crime in a first information report (FIR).

2. Investigation

• A case is taken up by the investigating officer only after a formal complaint has been made.
• The officer collects all the required details, evidences and testimony from the relevant witnesses.
• After this, they analyze the information and complete the investigation.

3. Charge Sheet

• After the investigation is over, the police prepare charge sheet.
• This document, which is submitted to the Court, contains the details of all the offences in respect of which the accused is charged.

4. Hearing at the court

• The magistrate hears arguments from both sides on the subject matter of the charges framed in the charge sheet.
• This takes place on the date set apart for hearing before any formal charges are preferred.

5. Framing Charges

• Charges are framed against the accused by the magistrate following the hearing of the arguments.
• The accused might enter a guilty or not guilty plea. It is up to the judge to decide whether the guilty plea is voluntary.

6. Burden of Proof and Plea

• The burden of proof is with the prosecution if the defendant enters a plea of “not guilty.”
• Written materials, such as records or oral testimony from witnesses can be used to provide evidence.
• When necessary, the magistrate may call witnesses or make document requests. 

7. Witness Testimonies and Cross-Examination 

• In court, witnesses testify during the trial.
• Cross-examination of these witnesses is permitted in order to cast doubt on their trustworthiness for the accused or their lawyers.
• Witnesses called by the defense will also be subject to cross-examination.

8. Review of the Evidence 

• After presenting all the evidence, the judge or court carefully looks into it.
• This consists of reviewing the evidence, including statements and records and the submissions of both sides.

9. Closing Argument

• Final submissions are made in court after each party has presented their case.
• The defense precedes the rebuttal with closing arguments, followed by the prosecution if needed.

10. Court’s Decision

• Prior to making a decision, the court takes into account all relevant facts, arguments and evidence.
• The judge provides a justification for convicting or clearing the defendant.

11. Result 

• In the event that the accused is judged not guilty, they are released with no penalty.
• The accused will receive a punishment if proven guilty.

    13.     Penalties Hearing

• If found guilty, the length and severity of the sentence may be decided at a future hearing.

    14.     Appeals Process 

• Higher courts may consider appeals if they are allowed.
• From the Sessions Court to the High Court and the High Court to the Supreme Court, appeals are possible. 

Bharatiya Nyaya Sanhita Section 109

Section	109
Offence	Attempt to Murder
Punishment	Imprisonment for 10 years or Life and Fine
Cognisable or Non-cognisable	Cognisable
Bailable or Non-bailable	Non-bailable
By What Court Triable	Triable by Court of Session

Recognising the Severity of Penalties

Section 109 defines the incident’s seriousness and how the sanctions aim to matter.

1. Intent to Kill: 

The prosecution must show in court that the defendant truly intended to kill when they committed the offense. There are numerous variables that can be used to determine the extent of the victim’s injuries and the accused’s intentions.

2. Use of Deadly Weapons: 

The use of deadly force or an attack on a victim’s vital organs may serve as proof of intent.

3. Prior Convictions: 

The way a sentence is carried out affects previous arrests, especially those involving severe offences.

Significance in BNS Section 109

1. Distinguishing Between Attempt and Preparation 

Guilty mind assists in distinguishing between a murderous attempt and simple preparation. Someone who feels guilt is plotting to commit a crime against other person.

2. Punishments Capable of Making an Impact

The amount of time sentenced may vary depending on the extent of guilt prove. More than imprudence, if one had the intent to kill then such will attract a stiff punishment.

3. Weapons Involved

The weapons in questions may also help in understanding the reasons behind the crime. Use of a dangerous or sharp object could be indicative of a planned execution.

4. Part of the Body Aimed at 

The parts of the body attacked by the accused may also indicate the reasons for committing the offense. Targeting sections of the body that are likely to lead to death or negating extremities may be indicative of a conscious effort to kill.

5. Type of Injury

The kind and extent of the victims injuries may also serve as a hint as to the accused’s intentions. injuries that cause suffering, particularly if they affect vital body parts.

Case Studies based on Section 109 of BNS

1. Chedi Lal versus Ganga Singh (1873)

This case established a standard for determining intent in murder trials. The court ruled that inactivity when required by law could have serious consequences like being charged with murder.

Impact on BNS: As much as the case was already filed with the BNS interiors, it is worth noting that intent has always been an integral part in proving murder in the IPC and BNS laws. However, how the courts in the case of murder considers intent and guilt depends on the clarity of the case.

2. Chahat Khan versus. State of Haryana (1972)

This case served as more evidence of the significance of knowledge and intention in a murder prosecution. The court noted that wounds to critical body areas, especially those caused by weapons, demonstrate a will to murder.

Effect on BNS: This case highlights how crucial it is to prove purpose or knowledge in order to prove murder under Section 103 of the law. While the meaning of purpose is still the same, group liability is now covered by the law, which reflects a more modern view of justice. 

3. Balram Bama Patil versus. State of Maharashtra (1983)

The Supreme Court of India clarified the subtle gap between preparation and a real attempt at murder in this historic case. According to the court, preparation by itself does not qualify as an attempt. The accused must take measures that are extremely close to carrying out the crime in order for the act to be considered an attempt to murder under Section 109. The court’s emphasis in Balram Bama Patil’s case that the act must go beyond simple preparation makes this decision a key point of reference for figuring out what exactly qualifies as an attempt to kill.

This case established a precedent that in order to charge someone with attempting to commit murder, there must be intent and obvious actions toward committing the crime. It serves as a guide for courts to distinguish between actually attempting to commit a crime and merely planning one and it has been crucial in future verdicts. 

4. Om Parkash versus. State of Punjab (1961)

The significance of purpose in identifying a murder attempt was made clear by this case. A case involving an alleged person who burned someone alive with the obvious intent to kill was heard by the Supreme Court. The court determined that the intent was adequate to categorize the act as an attempt to murder even though the victim lived.

The Om Parkash case made clear that someone can be found guilty of attempting to murder without actually dying. What was important was that the criminal’s conduct were clearly intended to cause death. When courts must determine the role of intention in situations when the victim does not die, this case has been frequently cited. 

5. R. Prakash versus. State of Karnataka (2004)

The Supreme Court evaluated whether an act might be deemed an attempt at murder in this case if it is performed knowing that it could result in death, even in the absence of serious harm. The court decided that even in cases where the harm was not fatal, an offender might still be found guilty under Section 109 if they knew that their acts would probably result in death.

The R. Prakash case is important because it expanded the definition of knowledge and maintained that a murder attempt need not always cause great injury in order to be deemed serious by the law. This decision affected later legal interpretations and broadened the application of Section 109. 

6. State of Maharashtra v. Shivaji (1973)

In this instance, the Supreme Court decided that the motivation behind the deed is more important than the extent of harm caused during an attempted murder. Under Section 109, the accused may be prosecuted with attempt to murder even if the injuries is The threshold of seriousness continues to be very low as long as there exists in the mind of the person an intention to kill. The Shivaji case went further to show that the thinking and the motivation of the offender is of greater importance than the outcome of the act. In spite of the actual harm inflicted, the courts can now condemn someone for his death inducing intent.

Examples for Section 109 of BNS

1. Firing a Shot with Intent

• Scenario: The purpose of A’s shooting Z is evident. 
• Result: : Every act of A’s gives an impression of a clear intent to kill; therefore A is charged with an attempted murder and can bear confinement and monetary penalties.

2. Exposure of a Child

• Scenario: A, abandons a little child in an empty location with the intention of killing it increasing the child’s risk of exposure to death.
• Result: Since A’s actions and intention clearly show a desire to cause death, even if the child lives, A is convicted of attempted murder.

3. Getting Prepared with a Gun 

• Scenario: A purchases a gun and loads it with the goal of killing Z. A takes a big steps toward carrying out the deed, even if he hasn’t fired the gun yet.
• Result: A is convicted of trying to kill someone. He will be subject to more severe penalties if he goes on to fire the rifle and hurts Z.

4. Poisoning Attempt

• Scenario: A purchases poison with the intention of killing Z, mixes it with food and then leaves the food for Z to eat. This is the scenario of the poisoning attempt.
• Result: Since A’s activities and intention make it obvious that she wants to kill Z, she has already attempted murder before Z ever eats the dish.

Conclusion

When it comes to attempted murder, Section 109 of the Bharatiya Nyaya Sanhita (BNS) is extremely important since it reflects the seriousness of actions which express intent to commit a homicide. The BNS aims at holding people responsible for actions which pose risk to other people and deterring from criminal activities through clear definitions, punishments and illustrating them with examples. The structure also elaborates the legal repercussions connected with asserting a complicity towards committing a crime even where the crime in question is not consummated intentionally.

The justice system’s commitment to the fair administration of justice and the protection of the public is achieved by the classification it applies to trivial attempts and attempts that cause damage. The concepts contained in Section 109 are imperative for courts even as the state of the law evolves, ensuring the enforcement

 of justice while safeguarding community values. In the end, the rules are meant to preserve a legal framework in which people are held accountable for their deeds, which will make society a safer place.

Frequently Asked Questions on Section 109 of BNS

Q1. What is Section 109 of BNS?

Ans1. Section 109 of the BNS deals with the offence of attempt to murder. It defines the conditions under which charges can be filed as well as the related consequences.

Q2. What is covered under BNS Section 109?

Ans2. The attempt to commit murder offence is covered by BNS Section 109. It punishes those who act knowing or intending that their actions would be considered murder if they caused death.

Q3. What does Section 109 define as an attempt at murder?

Ans3. The legal concept of attempted murder refers to the act of taking steps that one knows or thinks would result into the death of a person. This calls for proper scheming and speaking of the intention clearly.

Q4. What are the punishments under Section 109 for attempting murder?

Ans4.For a conviction of attempted murder, the maximum penalty will include imposition of fines or admission into prison for a period not less than ten years. Even harsher penalties may be imposed for such attempts that inflict in senses of human measures a degree of harm; in very acute cases, even life imprisonment or capital punishment may be sentenced.

Q5. Is attempted murder considered a bailable or non-bailable offense?

Ans5. Attempted murder is classified as a non-bailable offense, meaning that bail cannot be granted and the accused must remain in custody until the trial.

Q6. What is the difference between Section 109 of BNS and the Indian Penal Code (IPC)?

Ans6. Although attempted murder is covered by both the IPC and the BNS, Section 307 of the IPC and Section 109 of the BNS are the same. The BNS has newer definitions and sanctions because it was passed more recently.

Q7. What steps are included in the Section 109 trial process?

Ans7. A First Information Report (FIR), an investigation by the police, the presentation of a charge sheet, a court hearing, the drafting of charges, the presentation of evidence, the cross-examination of witnesses, closing statements and the ultimate court judgment are all commonly included in the trial process.

Q8. Can someone facing charges under Section 109 enter a guilty plea?

Ans8. Indeed, throughout the trial, the accused has the option to enter a guilty or not-guilty plea. The court will determine whether a guilty plea was entered freely.

Q9. What occurs if the defendant is declared not guilty?

Ans9. If the defendant is found not guilty, they are free to leave. On the other hand, the court will decide on the proper penalty if you are proven guilty.

Q10. What are some examples of attempt to murder under Section 109 BNS?

Ans10. Examples include shooting someone with the intention of killing them, contaminating their food or attacking someone with a deadly weapon, all of which have the obvious goal of killing the victim, even if they live.