Section 109 of the Bharatiya Nyaya Sanhita, 2023 deals with the offence of attempt to murder, one of the most serious crimes against the human body. T

Section 109 of BNS – Attempt to Murder

Section 109 of the Bharatiya Nyaya Sanhita, 2023 deals with the offence of attempt to murder, one of the most serious crimes against the human body. This provision is largely based on the earlier law under Section 307 of the IPC but continues to emphasize the importance of intention and dangerous conduct rather than the final result.

The section applies when a person performs any act with the intention or knowledge of causing death, and under such circumstances that, if death had actually occurred, the act would amount to murder. Even if the victim survives, the law treats such conduct as a grave offence because it reflects a clear attempt to take human life.

Section 109 ensures that individuals cannot escape liability merely because their attempt failed. It focuses on punishing acts that are closely connected to the commission of murder, going beyond mere preparation. The provision also prescribes strict punishment, which may extend to life imprisonment, and in certain cases, even death.

Overall, Section 109 plays a crucial role in criminal law by protecting human life and acting as a strong deterrent against violent and life-threatening acts.

Section 109 of BNS – Attempt to Murder

Section 109 – 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.

Meaning of Attempt to Murder

Attempt to murder refers to an act committed by a person with the intention or knowledge of causing death, where the act is so dangerous that if it had resulted in death, it would amount to murder. However, in such cases, the victim survives due to circumstances beyond the control of the offender.

In criminal law, attempt to murder is considered a serious offence because it reflects a clear intention to take human life. The law punishes not only the result (death) but also the intention and actions of the accused. Therefore, even if no death occurs, the offence is complete once a person performs an act that is directly connected to the commission of murder.

To establish attempt to murder, three essential elements must be present. First, there must be an intention to kill or knowledge that the act is likely to cause death. Second, there must be an overt act, meaning the accused has taken a direct step towards committing the offence. Third, the act must go beyond mere preparation and must be sufficiently close to the actual commission of the crime.

For example, if a person shoots at another with the intention to kill but the victim survives, it is an attempt to murder. Similarly, administering poison or stabbing a person in a vital part of the body can also amount to attempt to murder if the intention is to cause death.

It is important to distinguish attempt from preparation. Preparation, such as buying a weapon, is not punishable, but once the act is executed, it becomes an attempt.

Essential Ingredients

To prove the offence of attempt to murder, certain key elements must be established. These ingredients help courts determine whether the act falls under attempt to murder or a lesser offence.

1. Intention or Knowledge

The most important ingredient is the mental element (mens rea).

• The accused must have the intention to cause death, or
• The accused must have knowledge that the act is likely to cause death

Without this element, the offence cannot be considered attempt to murder.

2. Overt Act (Direct Act)

There must be a clear and direct act done towards committing murder.

• Mere thinking or planning is not enough
• The act must be capable of causing death

Examples include:

• Firing a gun
• Stabbing with a knife
• Giving poison

3. Act Beyond Preparation

The act must go beyond preparation and enter the stage of attempt.

• Preparation → Not punishable
• Attempt → Punishable

Example:

• Buying a knife → Preparation
• Using the knife to attack → Attempt

4. Proximity to the Offence

The act must be closely connected to the commission of murder.

• It should be a step that would normally lead to death
• The offence is complete even if death does not occur

5. Capability of Causing Death

The act must be of such a nature that: If it had succeeded, it would have resulted in murder

This ensures that only serious and life-threatening acts are covered. Attempt to murder requires intention or knowledge to cause death, along with a direct act done towards committing the offence, going beyond preparation.

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Preparation vs Attempt

Preparation vs Attempt (Criminal Law)

Basis	Preparation	Attempt
Meaning	Planning or arranging to commit a crime	Direct step towards committing the crime
Stage	Earlier stage	Later stage (close to completion)
Punishment	Generally not punishable	Punishable under law
Proximity	Not close to actual offence	Very close to actual offence
Example	Buying poison or weapon	Administering poison or attacking
Legal Position	No offence (except special cases)	Considered a criminal offence
Danger Level	Less dangerous	Highly dangerous

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Punishment Explained

Punishment for Attempt to Murder

Situation	Punishment
No injury caused	Imprisonment up to 10 years + Fine
Injury (hurt) caused	Life imprisonment OR up to 10 years + Fine
Offender already serving life sentence & hurt caused	Death penalty OR Life imprisonment (remaining natural life)
Severity consideration	Depends on intention, weapon used, and nature of injury

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Difference from Other Offences

Difference from Other Offences

Basis	Attempt to Murder	Grievous Hurt	Simple Hurt
Intention	To cause death	To cause serious injury	To cause minor injury
Severity	Very serious offence	Serious but less than attempt to murder	Less serious offence
Result Required	Death not required	Serious injury must occur	Minor injury occurs
Punishment	Up to life imprisonment	Moderate punishment	Light punishment
Examples	Shooting or stabbing to kill	Breaking bone, causing permanent damage	Slap, minor hit
Legal Focus	Intention + dangerous act	Nature of injury	Actual minor harm

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Practical Examples

Attempt to murder can be better understood through practical examples and judicial decisions. These illustrate how courts interpret intention, act, and surrounding circumstances.

A common example is where a person fires a gun at another aiming to kill, but the victim survives. Even though death does not occur, the act clearly shows an intention to cause death, and thus amounts to attempt to murder. Similarly, if a person stabs another in a vital part of the body such as the chest or abdomen and the victim survives, it is treated as attempt to murder because the act is inherently dangerous and capable of causing death.

Another example is poisoning. If a person mixes poison in someone’s food and serves it, the offence is complete once the act is done with the intention to kill, even if the victim survives due to timely medical help. However, if a person causes minor injury in a sudden fight without intention to kill, it may not amount to attempt to murder but rather hurt or grievous hurt.

Judicial decisions have played an important role in clarifying this concept. In State of Maharashtra v. Mohd. Yakub, the Supreme Court explained the distinction between preparation and attempt, holding that an attempt begins when the act is directly connected with the commission of the offence. 

In Virsa Singh v. State of Punjab, the Court emphasized that intention can be inferred from the nature of the weapon used, the part of the body targeted, and the severity of the act. In Hari Singh v. Sukhbir Singh, the Court held that even non-fatal injuries can amount to attempt to murder if the intention to kill is evident.

Thus, both practical examples and case laws show that intention and the nature of the act are crucial in determining attempt to murder.

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Conclusion

Section 109 ensures that even an unsuccessful attempt to kill is treated as a serious offence. The law does not wait for death to occur; it intervenes at the stage where life is already in danger.

For law students and judiciary aspirants, this section is crucial because it explains:

• The role of intention in criminal law
• The distinction between preparation and attempt
• The seriousness of life-threatening offences