Definition of Section 109 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.
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.
BNSS Classification
- Attempt to murder – Imprisonment for 10 years and fine.
- If such act causes hurt to any person – Imprisonment for life, or as above.
- Attempt by life-convict to murder, if hurt is caused – Death, or imprisonment for life which shall mean the remainder of that person’s natural life.
- Cognizable
- Non-bailable
- Triable by Court of Session.
🔷 Section 109 BNS Explained: Attempt to Commit Murder
Section 109 of the Bharatiya Nyaya Sanhita (BNS), 2023 deals with attempt to commit murder. It applies when a person does any act with the intention or knowledge that, if death had occurred, it would amount to murder.
📌 Key Points of Section 109 BNS
- If an act is done with the intent to kill, but death does not occur, it is still punishable.
- Mere intention is not enough — there must be an actual act or execution like firing a gun or poisoning food.
- If the act results in injury, the punishment is more severe.
- If the offender is already undergoing life imprisonment, and he commits such an act causing injury, he can even face the death penalty.
⚖️ How Police Use Section 109 BNS
- Police register FIR under Section 109 when there’s a clear attempt to kill but no death has taken place.
- The offence is cognizable and non-bailable, which means police can arrest without a warrant.
- The investigation typically focuses on proving the intent and circumstances that could have caused death.
🛡️ How to Protect Yourself (If You’re Accused)
- Do not give any statement to police without consulting a lawyer.
- Examine whether the FIR and chargesheet follow proper legal procedure.
- If intent to kill or actual act cannot be proven, the case may be dismissed.
- Engage a skilled criminal defense lawyer immediately. In such high-stakes matters, guidance from a seasoned advocate like Advocate Sudhir Rao, known for his expertise in criminal law and cybercrime matters, can prove crucial in mounting a strategic defense.
📌 If You Are the Complainant
- When filing the FIR, clearly describe the accused’s intent and actions.
- Share any evidence or witnesses (CCTV, voice/video recordings, etc.) with the police.
- Professional legal assistance is advised to ensure your complaint is legally strong and factually supported. Advocates like Sudhir Rao, with in-depth knowledge of the criminal justice system, ensure the case is filed with precision and followed up thoroughly.
📚 Punishments under Section 109 BNS
| Situation | Punishment |
|---|---|
| Attempt to murder without causing hurt | Up to 10 years of imprisonment + fine |
| If hurt is caused | Life imprisonment or the above-mentioned term |
| If the offender is already under life imprisonment and causes hurt | Death penalty or life imprisonment for the remainder of natural life |
❓ Frequently Asked Questions
- Is BNS Section 109 bailable? ❌ No, it is non-bailable.
- Can police arrest without a warrant under Section 109? ✅ Yes, because it is a cognizable offence.
- Is mere intention enough for Section 109? ❌ No, there must be an overt act, such as shooting or administering poison.
- Which court handles trials under Section 109? ✅ It is triable by the Court of Session.
- What if the accused is already serving a life sentence? 🔴 If they attempt murder again and cause hurt, they may be sentenced to death.
✅ Expert Insight from Advocate Sudhir Rao
In complex criminal cases involving attempt to murder, where the consequences may include life imprisonment or even the death penalty, technical legal flaws and factual inconsistencies in the prosecution’s case can make a big difference.
That’s where a highly experienced advocate like Sudhir Rao — known for his thorough understanding of BNS and courtroom strategy — becomes essential. His involvement can not only strengthen your defense but also safeguard your rights at every stage of the legal process.
