Bharatiya Nyaya Sanhita, 2023 · Chapter VI: Of Offences Affecting the Human Body · Of offences affecting life
Section 109: Attempt to murder
In plain words
Attempt to murder means doing an act with the intention or knowledge, and in circumstances, that would make it murder if death resulted. It is punishable with up to ten years in prison and a fine. If anyone is hurt, the punishment can be imprisonment for life.
- If the offender is already serving a life sentence and causes hurt, the punishment can be death or imprisonment for the rest of their natural life.
- Mere preparation, such as buying a gun or poisoning food that stays in your own keeping, is not yet an attempt. Firing the gun or serving the food is.
Example: A shoots at Z intending to kill him, but misses. A is guilty of attempt to murder.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Read the in-depth explanation, with key Supreme Court rulings ↓
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.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 25 August 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Understanding this section
Section 109 carries forward attempt to murder from section 307 of the IPC. An act done with the intention or knowledge, and in circumstances, that would make it murder if death resulted is attempt to murder, even if no one is hurt. Sub-section (2) clarifies that for a life convict, the life sentence means the remainder of natural life.
Ingredients
- An act done with the intention or knowledge required for murder.
- In circumstances that would make it murder if death followed.
- The act goes beyond preparation, as the illustrations show.
Injury not required
No injury is needed. If hurt is caused, the maximum rises to life imprisonment. The seriousness of injuries is evidence of intention, but minor injuries do not rule out the offence.
Life convicts
Where a person already serving life imprisonment commits this offence and causes hurt, sub-section (2) allows death or life imprisonment meaning the remainder of natural life.
Key Supreme Court rulings
The State of Madhya Pradesh v. Kanha @ Omprakash 2019 INSC 130
Decided under section 307 of the IPC. Grievous or life threatening hurt is not a sine qua non; repeated firing causing multiple wounds showed an intention to murder.
Amit Rana @ Koka v. The State of Haryana 2024 INSC 543
"Section 307, IPC, makes it clear that to attract the said offence the victim need not suffer any kind of bodily injury."
Common mistakes
- Requiring a grievous injury.
- Treating preparation as attempt.
Read with: Section 101 BNS, Section 62 BNS, Section 307 IPC
Prepared with AI assistance as a study aid. Every ruling listed was checked against the Supreme Court's own judgments on this site, and quoted words appear in those judgments; linked names open the full judgment. Read the judgments themselves before relying on them. Not legal advice.
Supreme Court judgments citing the section 109
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Hansura Bai & Anr. v. The State of Madhya Pradesh & Anr.
Whether the Single Judge erred in rejecting the prayers made by the appellants (victim’s family) for transferring the investigation into the custodial death of the victim, to some other investigating agency; and to…