BNS Section 109 — Attempt to murder

CHAPTER VI OF OFFENCES AFFECTING THE HUMAN BODY — Of offences affecting life

Criminal

Summary

Sub-section (1) covers the main offence. A person commits this offence when they do any act with the intention or knowledge that, if that act caused death, they would be guilty of murder. The punishment for this is imprisonment of either kind for up to ten years, along with a fine. If the act actually causes hurt to any person, the offender can instead be punished with imprisonment for life, or with the punishment just mentioned.

Sub-section (2) applies when a person who commits the offence under sub-section (1) is already under a sentence of imprisonment for life. In that case, if hurt is caused by the act, that person may be punished with death or with imprisonment for life, and this imprisonment for life means the remainder of that person's natural life.

Illustration (a): A shoots at Z with the intention to kill him, under circumstances where, if death resulted, A would be guilty of murder. A is liable to punishment under this section.

Illustration (b): A, intending to cause the death of a young child, exposes the child in a desert place. A has committed the offence defined by this section, even though the child does not die.

Illustration (c): A, intending to murder Z, buys a gun and loads it. At this point, A has not yet committed the offence. When A fires the gun at Z, he has committed the offence defined in this section. If the firing wounds Z, A is liable to the punishment provided by the latter part of sub-section (1).

Illustration (d): A, intending to murder Z by poison, purchases poison and mixes it with food that remains in A's keeping. At this point, A has not yet committed the offence. When A places the food on Z's table, or delivers it to Z's servants to place on Z's table, A has committed the offence defined in this section.

Official Text

(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.

Related Provisions

attempt to murder

Related Judgments

  • SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
  • SC (2025) Vol.6 p.280 — Supreme Court of India (2025)
  • SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
  • SC (2025) Vol.3 p.1531 — Supreme Court of India (2025)
  • SC (2024) Vol.8 p.670 — Supreme Court of India (2024)
  • SC (2024) Vol.6 p.129 — Supreme Court of India (2024)
  • SC (2025) Vol.4 p.2730 — Supreme Court of India (2025)
  • SC (2025) Vol.7 p.105 — Supreme Court of India (2025)

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