| Particulars | Details |
|---|---|
| Section | BNS Section 109 |
| Offence | Attempt to Murder |
| Old IPC Section | IPC Section 307 |
| Punishment | Up to 10 Years + Fine |
| If Hurt is Caused | Life Imprisonment or Up to 10 Years + Fine |
| Cognizable | Yes |
| Bailable | No |
| Compoundable | No |
| Triable By | Court of Session |
Introduction
BNS Section 109 deals with the offence of attempt to murder. The section applies when a person performs an act with such intention or knowledge that, if death had resulted from that act, the person would have been guilty of murder.
The law recognises that a person should not escape liability merely because the victim survives. Therefore, even where death does not occur, a deliberate attempt to take another person's life is treated as a serious criminal offence.
BNS Section 109 replaces IPC Section 307 and continues to punish acts such as shooting, stabbing, poisoning, or any other conduct intended to cause death.
What is BNS Section 109?
BNS Section 109 criminalises attempts to commit murder. The offence is committed when a person performs an act with the intention or knowledge required for murder and under circumstances where, had death occurred, the offence would have amounted to murder.
The section focuses on the mental state of the accused and the nature of the act performed. It is not necessary that the victim dies or even suffers fatal injuries. What matters is whether the accused intended to cause death or knew that the act was likely to cause death.
For example, firing a gun at a person, stabbing a vital body part, or administering poison with the intention of causing death may attract liability under BNS Section 109.
Bare Act Text of BNS Section 109
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.
In Simple Words
If a person tries to kill another person and performs an act which could have resulted in murder if death had occurred, that person may be punished under BNS Section 109.
Where the attempt causes injuries to the victim, the punishment becomes more severe and may extend to imprisonment for life.
Essential Ingredients of BNS Section 109
To establish an offence under BNS Section 109, the prosecution generally needs to prove the following:
1. Intention or Knowledge to Cause Death
The accused must have intended to cause death or possessed knowledge that the act was likely to cause death.
2. An Act Towards the Commission of Murder
There must be an actual act directed towards committing murder. Mere planning or preparation is generally not sufficient.
3. Circumstances Equivalent to Murder
The act must be committed under circumstances where, if death had occurred, the offence would have amounted to murder.
4. Direct Connection Between the Act and the Attempt
The act performed by the accused must have a direct connection with the alleged attempt to murder.
5. Death Need Not Occur
The offence can be completed even if the victim survives. The absence of death does not prevent prosecution under this section.
Punishment Under BNS Section 109
The punishment under BNS Section 109 depends on the circumstances of the offence.
| Situation | Punishment |
|---|---|
| Attempt to Murder | Imprisonment up to 10 Years and Fine |
| Hurt Caused During Attempt | Life Imprisonment or Up to 10 Years and Fine |
| Life Convict Causes Hurt During Attempt | Death or Imprisonment for Life (Natural Life) |
The punishment becomes more severe where the attempt causes injuries to the victim. The law also prescribes exceptional punishment where the offender is already serving a sentence of life imprisonment and causes hurt during the commission of the offence.
Classification of Offence Under BNS Section 109
| Criteria | Classification |
|---|---|
| Cognizable | Yes |
| Bailable | No |
| Compoundable | No |
| Triable By | Court of Session |
What Does the Classification Mean?
Since the offence is cognizable, the police can register an FIR and investigate the matter without prior permission from a Magistrate.
Since the offence is non-bailable, bail is not available as a matter of right and depends upon the discretion of the competent court.
The offence is non-compoundable, meaning the parties cannot privately settle the matter and terminate criminal proceedings.
Because the offence may result in severe punishment, the trial is conducted by the Court of Session.
Bail Under BNS Section 109
BNS Section 109 is a non-bailable offence because it involves an alleged attempt to take another person's life. Courts generally examine the seriousness of the allegations, the nature of the attack, the weapon used, and the circumstances of the incident before deciding bail applications.
Where the prosecution alleges that the accused acted with a clear intention to kill, courts may adopt a stricter approach while considering bail. Factors such as medical reports, eyewitness testimony, recovery of weapons, forensic evidence, and the gravity of injuries caused to the victim may influence the court's decision.
If the victim suffered serious injuries or the evidence strongly indicates an intention to cause death, courts may be reluctant to grant bail. However, every case is decided on its own facts and circumstances.
Which Court Has Jurisdiction Under BNS Section 109?
Offences under BNS Section 109 are triable by the Court of Session.
After registration of the FIR and completion of the investigation, the police file a charge sheet before the competent court. The matter is then committed to the Sessions Court, which conducts the trial and determines whether the offence has been proved beyond reasonable doubt.
The Sessions Court also decides the appropriate punishment upon conviction and may consider aggravating and mitigating circumstances while sentencing the offender.
Step-by-Step Legal Process Under BNS Section 109
- Registration of FIR regarding the alleged attempt to murder.
- Police investigation into the incident.
- Collection of medical, forensic, electronic, and documentary evidence.
- Recording of statements of the victim and witnesses.
- Arrest of the accused person, where required.
- Recovery of weapon or other incriminating material.
- Filing of charge sheet before the competent court.
- Committal of the case to the Court of Session.
- Framing of charges against the accused.
- Examination and cross-examination of witnesses.
- Recording of the statement of the accused.
- Final arguments by the prosecution and defence.
- Pronouncement of judgment by the court.
- Sentencing upon conviction.
- Appeal before the appropriate higher court.
IPC Section 307 vs BNS Section 109
| Aspect | IPC Section 307 | BNS Section 109 |
|---|---|---|
| Offence | Attempt to Murder | Attempt to Murder |
| Intention to Cause Death | Required | Required |
| Maximum Punishment | Up to 10 Years and Fine | Up to 10 Years and Fine |
| Hurt Caused | Life Imprisonment Possible | Life Imprisonment Possible |
| Nature of Offence | Cognizable and Non-bailable | Cognizable and Non-bailable |
| Trial Court | Court of Session | Court of Session |
BNS Section 109 substantially corresponds to IPC Section 307. While the provision has been renumbered under the Bharatiya Nyaya Sanhita, the core principles governing attempt to murder remain largely unchanged.
Important Case Laws Related to BNS Section 109
Although BNS Section 109 is a new provision, it corresponds to IPC Section 307. Therefore, judicial precedents interpreting IPC Section 307 continue to provide guidance regarding the ingredients and scope of attempt to murder.
Hari Singh v. Sukhbir Singh (1988)
The Supreme Court held that the nature of injuries alone is not decisive for determining attempt to murder. The intention or knowledge of the accused and the surrounding circumstances are equally important.
State of Maharashtra v. Kashirao (2003)
The Supreme Court observed that the prosecution must establish that the accused committed the act with the intention or knowledge required for murder if death had occurred.
Defences Available Under BNS Section 109
Since an offence under BNS Section 109 requires proof of intention or knowledge that would amount to murder if death had occurred, the accused may challenge the prosecution's case by disputing these essential elements.
Common defences may include:
- Lack of intention to cause death.
- Lack of knowledge that the act was likely to cause death.
- False implication.
- Mistaken identity.
- Right of private defence.
- Absence of credible evidence.
- The act constituting a lesser offence rather than attempt to murder.
The availability and success of these defences depend on the facts and evidence presented before the court.
Example of BNS Section 109
Suppose A fires a loaded pistol at B from close range with the intention of killing him. The bullet strikes B and causes serious injuries, but B survives after receiving immediate medical treatment.
Although death does not occur, A performed an act which, if it had caused death, would have amounted to murder. In such circumstances, A may be prosecuted under BNS Section 109 for attempt to murder.
Conclusion on BNS Section 109
BNS Section 109 plays a crucial role in punishing individuals who attempt to take another person's life but fail to achieve that result. The provision focuses on the intention, knowledge, and circumstances surrounding the act rather than the actual outcome.
By prescribing punishment of up to ten years' imprisonment, life imprisonment where hurt is caused, and even death in certain cases involving life convicts, the law ensures that serious attempts on human life are dealt with firmly. As the successor to IPC Section 307, BNS Section 109 remains one of the most important provisions dealing with violent offences against the human body.