BNS Section 109 : Attempt to Murder

Definition of BNS Section 109

Section 109 of the BNS 2023 States:

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.

Explanation and Illustration of BNS Section 109

Section 109 addresses individuals who commit acts that, while not directly causing death, are done with the intent or knowledge that they could lead to death or serious harm. The person committing the act is held accountable for any consequences, including injury or death, as if they had directly caused the death, and is subject to significant penalties.

Illustrations:
(a) A shoots at Z with the intent to kill him under circumstances where, if Z's death occurred, A would be guilty of murder. Therefore, A is punishable under this section.
(b) A exposes a young child in a desert with the intent to cause its death. Even if the child does not die, A has committed the offence as defined by this section.
(c) A, intending to kill Z, buys and loads a gun. At this stage, A has not committed the offence. However, when A fires the gun at Z, the offence is committed. If Z is injured by the shot, A is liable to the punishment provided under the latter part of sub-section (1).
(d) A, with the intent to murder Z using poison, purchases poison and mixes it with food but keeps the food in A's possession. At this point, A has not committed the offence. However, once A places the poisoned food on Z’s table or hands it to Z’s servants to do so, the offence is committed under this section.

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