Provision: Section 109 Attempt to Murder of the Bharatiya Nyaya Sanhita (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.
Explanation of Section 109 Attempt to Murder BNS:
Section 109 of the Bharatiya Nyaya Sanhita (BNS) 2023 deals with the offence of attempt to murder. This section states that if a person performs an act with the intention or knowledge that, if that act resulted in death, they would be guilty of murder, then that person can be punished. The section prescribes imprisonment which may extend up to ten years and a fine. If the act causes hurt to another person, the punishment can extend to life imprisonment.
Further, subsection (2) provides for more severe punishment if the offender is already serving a sentence of life imprisonment. In such cases, if hurt is caused by the attempt to murder, the offender may be punished with death or imprisonment for life, which here means the remainder of their natural life.
Ingredients of Section 109 Attempt to Murder BNS :
1. Intention or Knowledge: The offender must have the intention or knowledge that the act they perform is likely to cause death.
2. Act or Attempt: There must be an overt act or attempt which, had death resulted, would have constituted murder.
3. Circumstances: The circumstances of the act should be such that if the victim had died, the act would have been classified as murder.
4. Hurt caused: If during the attempt, hurt is caused, it attracts stricter punishment.
5. Life Imprisonment Offenders: Special provision is made for individuals who are already serving life imprisonment, allowing for capital punishment or life imprisonment if hurt is caused during the attempt.
Punishment for Section 109 Attempt to Murder :
1. Imprisonment up to 10 years and fine if the attempt does not cause any injury.
2. Life imprisonment or the earlier mentioned punishment if hurt is caused.
3. If the offender is already serving life imprisonment, they may be punished with death or life imprisonment (for the remainder of their natural life).
Illustrative Examples Section 109 Attempt to Murder BNS :
1. Example 1: A shoots at B intending to kill him. If B dies, A would be guilty of murder. Even if B survives, A is liable to be punished for an attempt to murder under Section 109.
2. Example 2: A leaves a child in a desert intending to kill the child. Even if the child survives, A has committed an attempt to murder as per this section.
3. Example 3: A, intending to kill B, purchases a gun and loads it. At this stage, A has not yet committed an attempt to murder. However, if A fires the gun at B, A has committed the offence of attempt to murder, and if B is injured, A is liable for life imprisonment or other punishment.
Comparison of Section 109 Attempt to Murder BNS with IPC Section 307 :
Section 109 attempt to murder in the Indian Penal Code (IPC) was Section 307. Both Section 307 of the IPC and Section 109 of the BNS share the same core principles in defining the offence of attempt to murder, such as:
- The necessity of intention or knowledge that the act could lead to death.
- The emphasis on an overt act toward the commission of murder.
Significance of the BNS Changes
Changes in the Bharatiya Nyaya Sanhita:
- Life imprisonment clarification: Section 109 of the BNS explicitly states that life imprisonment means imprisonment for the remainder of the natural life of the individual, a clarification not explicitly provided in the IPC.
- Provision for individuals already serving life sentences: The BNS provides a stricter punishment for those who are already serving life imprisonment and commit an attempt to murder. This is a distinct addition aimed at punishing repeat offenders more severely.
Thus, the BNS has added clarity to the punishment structure and provided for harsher penalties in cases where the offender is already a life convict, which was not as explicitly outlined in the IPC.
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Particulars of the offence:
| Offence | Bailable/Non-Bailable | Cognizable/Non-Cognizable | Compoundable/Non-Compoundable | Triable By |
|---|---|---|---|---|
| Attempt to Murder (Section 109) | Non-Bailable | Cognizable | Non-Compoundable | Court of Session |
This means the offence is non-bailable, cognizable, and non-compoundable, and it is triable by a Court of Session.
FAQs on Section 109 Attempt to Murder of the Bharatiya Nyaya Sanhita:
1. What is the punishment for an attempt to murder under Section 109 of the BNS?
The punishment can extend up to 10 years of imprisonment, and if hurt is caused, the offender may be sentenced to life imprisonment. For life imprisonment convicts, the punishment can include death or life imprisonment for the remainder of their natural life.
2. Is intent necessary for an offence under Section 109?
Yes, intent or knowledge that the act could lead to death is essential for constituting an attempt to murder under this section.
3. How is Section 109 of the BNS different from Section 307 of the IPC?
While both sections are fundamentally similar, the BNS provides clarification on life imprisonment, defining it as imprisonment for the offender’s natural life. It also introduces harsher penalties for repeat offenders who are already serving life sentences.
4. What happens if no injury is caused during an attempt to murder?
If no injury is caused, the offender can be punished with imprisonment for a term that may extend up to 10 years and a fine.
5. Can an attempt to murder result in a death sentence?
Yes, under subsection (2) of Section 109 of the BNS, if the offender is already serving life imprisonment and causes hurt during the attempt, they may be punished with death.
6. Is the offence of attempt to murder cognizable and non-bailable?
Yes, the offence of attempt to murder is both cognizable and non-bailable under Indian law.
7. What is section 109 attempt to murder of BNS?
Section 109 of the Bharatiya Nyaya Sanhita (BNS) 2023 defines the offence of attempt to murder. It punishes anyone who, with intent or knowledge, performs an act that could have caused death if successful. The punishment can be up to 10 years of imprisonment and a fine. If the act causes hurt, the offender may face life imprisonment. For those already serving life imprisonment, the punishment can include death or life imprisonment for the remainder of their natural life.
Conclusion:
Section 109 of the Bharatiya Nyaya Sanhita (BNS) 2023 covers the offence of attempt to murder with some notable enhancements over Section 307 of the Indian Penal Code (IPC). It retains the core principles of criminal liability related to intention and knowledge, but adds greater clarity on life imprisonment and provides more severe penalties for repeat offenders.
This provision is a reflection of the legislature’s attempt to address the loopholes in the IPC and provide a more structured approach to penalizing those who attempt to commit murder.
Disclaimer:
The information provided in this article about Section 109 of the Bharatiya Nyaya Sanhita (BNS) 2023 is for educational and informational purposes only. While we strive to ensure accuracy, the content should not be considered as legal advice or a substitute for professional legal consultation. Laws are subject to amendments, and interpretations may vary based on judicial rulings. Readers are advised to consult a qualified legal professional for advice specific to their case or jurisdiction. The author and the website do not assume any responsibility for errors or omissions, or for any actions taken based on the content of this article.