Section 307 IPC in BNS: Section 109 Attempt to Murder, Bail

Section 307 IPC is now Section 109 of the Bharatiya Nyaya Sanhita, 2023 (BNS). Attempt to murder is punishable with imprisonment up to ten years and fine, and with life imprisonment if hurt is caused. The offence is cognizable, non-bailable and triable by a Court of Session.

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What Section 109 BNS says

Section 109 punishes a person who does an act with such intention or knowledge, and in such circumstances, that if death had resulted he would have been guilty of murder. In plain terms, the law asks one question: had the victim died, would this have been murder? If yes, the act is an attempt to murder even though the victim survived.

Ingredients the prosecution must prove

• An act done by the accused.
• Intention or knowledge of the kind described in Section 101 BNS (the murder definition).
• Circumstances such that death, if caused, would amount to murder.
• The act did not cause death.

Injury is not an ingredient for the basic offence. A shot that misses can still be attempt to murder. Injury matters only for the higher punishment.

Three levels of punishment

• No hurt caused: imprisonment of either description up to ten years, and fine.
• Hurt caused: life imprisonment, or the ten-year punishment above.
• Section 109(2), life convict who causes hurt: death, or life imprisonment meaning the remainder of natural life.

What changed from Section 307 IPC

• Number change: Section 307 became Section 109. Ingredients and the ten-year and life ranges are the same.
• Structure: The life convict clause, which was a second paragraph in Section 307, is now a separate sub-section, Section 109(2).
• Clearer meaning of life: Section 109(2) states that life imprisonment there means the remainder of the person’s natural life.
• Related section: Attempt to commit culpable homicide (old Section 308 IPC) is now Section 110 BNS.

Offences committed before 1 July 2024 remain under Section 307 IPC.

Important case law

• Om Prakash v. State of Punjab, AIR 1961 SC 1782: The Supreme Court held that the act need not be the last act before death. A series of acts, such as deliberately starving a person, can amount to attempt to murder.
• State of Maharashtra v. Balram Bama Patil (1983) 2 SCC 28: The Court held that for conviction under Section 307 it is not essential that bodily injury capable of causing death should have been inflicted. Intention or knowledge is the test.
• State of M.P. v. Saleem (2005) 5 SCC 554: The nature of the injury is not decisive. The court looks at intention gathered from the weapon, the manner of attack and the surrounding facts.
• Narinder Singh v. State of Punjab (2014) 6 SCC 466: Section 307 is non-compoundable, but the High Court may in suitable cases quash proceedings on a settlement, after examining the nature of injuries, the weapon and whether the charge is properly framed.

Common confusions

Attempt to murder or grievous hurt?

The test is intention, not the size of the wound. A minor injury with a clear intention to kill can fall under Section 109. A serious injury without murderous intention may only be grievous hurt under Section 117 or Section 118 BNS.

Section 109 or Section 110?

Section 109 applies if the death would have been murder. Section 110 applies if the death would only have been culpable homicide not amounting to murder, for example under grave and sudden provocation.

Can the parties compromise?

Not at the police station or in the trial court. Section 109 is not in the list of compoundable offences in Section 359 BNSS. Only the High Court, under its inherent powers in Section 528 BNSS, may quash in limited cases.

For the general public: what to do

• Victim side: Get medical treatment first and ask the hospital to record the injuries (a medico-legal report). Report to the police on 112. The offence is cognizable, so an FIR must be registered.
• Accused side: As the offence is non-bailable, bail is at the court’s discretion. Anticipatory bail can be sought under Section 482 BNSS; regular bail goes before the Sessions Court and then the High Court.
• Documents: FIR copy, medico-legal report, X-ray or CT reports, photographs, CCTV footage and witness details.

Exam angle

• Old 307 = new 109; old 308 = new 110. Expect direct matching questions.
• Injury is not necessary for the basic offence (Balram Bama Patil).
• Life imprisonment is possible only when hurt is caused.
• Section 109(2): life convict plus hurt, punishment may extend to death.
• Non-compoundable, but High Court quashing on settlement is possible (Narinder Singh).

Frequently asked questions

What is the new section for 307 IPC?

Section 307 IPC is now Section 109 of the Bharatiya Nyaya Sanhita, 2023.

Is Section 109 BNS bailable?

No. It is non-bailable and cognizable, and is tried by a Court of Session.

What is the punishment for attempt to murder under BNS?

Up to ten years and fine. If hurt is caused, it can be life imprisonment. A life convict who causes hurt may get death.

Is injury necessary for Section 109 BNS?

No. The offence is complete if the act is done with murderous intention or knowledge, even if no injury results.

Can a 307 or 109 case be compromised?

It is not compoundable. A settlement can only be placed before the High Court, which may quash the case in limited situations.

Quick quiz

Sources

• Bharatiya Nyaya Sanhita, 2023: Sections 109 and 110 (India Code)
• Bharatiya Nagarik Suraksha Sanhita, 2023: First Schedule and Section 359
• State of Maharashtra v. Balram Bama Patil (1983) 2 SCC 28
• Narinder Singh v. State of Punjab (2014) 6 SCC 466

This page is for education and general information, not legal advice for a specific case.