Section 307 IPC vs Section 109 BNS — Attempt to Murder

# Section 307 IPC vs Section 109 BNS — Attempt to Murder

Attempt to murder is one of the most frequently charged serious offences in Indian criminal law. It applies when a person does an act with the intention or knowledge necessary for murder, but the victim survives. Under the IPC, this was governed by **Section 307**. Under the BNS, the corresponding provision is **Section 109**. This page provides an educational comparison.

Section Text

Section 307 IPC (Indian Penal Code, 1860)

> "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 this section is under sentence of imprisonment for life, he may, if hurt is caused, be punished with death."

Section 109 BNS (Bharatiya Nyaya Sanhita, 2023)

> Section 109 BNS provides for punishment for attempt to murder in substantially similar terms — imprisonment up to ten years and fine where no hurt is caused, imprisonment for life or imprisonment up to ten years where hurt is caused, and death where the offender is already serving a life sentence and causes hurt.

Plain Language Explanation

This provision punishes a person who tries to kill another person but fails. The key question is: if the act had caused death, would the accused have been guilty of murder? If the answer is yes, then the attempt itself is punishable.

The punishment varies depending on the outcome:

- **If no hurt is caused:** Imprisonment up to 10 years, and fine.

- **If hurt is caused:** Life imprisonment, or imprisonment up to 10 years, and fine.

- **If the offender is already serving a life sentence and causes hurt:** Death penalty is possible.

It is not necessary that the victim actually suffers any injury. The offence is complete once the accused does an act with the intention or knowledge required for murder.

Key Ingredients / Elements

1. **The accused did an act** — There must be an overt act, not merely preparation or intention.

2. **The act was done with the intention or knowledge required for murder** — The mental element must correspond to what would constitute murder had death occurred.

3. **Under circumstances where, had the act caused death, it would amount to murder** — The act must be of such a nature that it could have caused death.

4. **The victim did not die** — If the victim dies, the charge becomes murder (Section 302 IPC / Section 101 BNS).

IPC vs BNS Comparison Table

| Feature | Section 307 IPC | Section 109 BNS |

|---|---|---|

| **Offence** | Attempt to murder | Attempt to murder |

| **Punishment (no hurt)** | Up to 10 years, and fine | Up to 10 years, and fine |

| **Punishment (hurt caused)** | Life imprisonment, or up to 10 years, and fine | Life imprisonment, or up to 10 years, and fine |

| **Punishment (lifer causing hurt)** | Death | Death |

| **Cognizable** | Yes | Yes |

| **Bailable** | No | No |

| **Triable by** | Court of Session | Court of Session |

| **Compoundable** | No | No |

| **Substantive change** | — | No substantive change |

Key Differences and Observations

The BNS has **retained the substance of Section 307 IPC** in Section 109 BNS. The punishment framework — including the three tiers based on whether hurt is caused and whether the offender is already a lifer — remains identical. The extensive judicial precedent on Section 307 IPC continues to apply.

The distinction between attempt to murder and voluntarily causing hurt (or grievous hurt) remains one of the most litigated issues in Indian criminal law, and the principles developed under the IPC continue to govern this distinction under the BNS.

Important Judgments

1. **State of Maharashtra v. Balram Bama Patil (1983) 2 SCC 28** — The Supreme Court held that it is not essential that bodily injury capable of causing death should have been inflicted. The section makes a distinction between the act of the accused and its result, if any. The court must examine whether the act, irrespective of its result, was done with the intention or knowledge described in Section 300 IPC.

2. **R v. Mohan (applied in Indian jurisprudence)** — The principle that "intention" in the context of attempt means a decision to bring about, so far as it lies within the accused's power, the commission of the offence.

3. **Vasant Vithu Jadhav v. State of Maharashtra (2004) 9 SCC 786** — Discussed the nature of the weapon, the part of the body attacked, and the severity of injury as factors in determining whether the charge should be attempt to murder or voluntarily causing grievous hurt.

4. **Hari Kishan v. Sukhbir Singh AIR 1988 SC 2127** — The Court held that for Section 307, it is not necessary that the injury sustained must be sufficient in the ordinary course of nature to cause death. What is necessary is that the act must be done with the intention or knowledge required for murder.

5. **Om Prakash v. State of Punjab AIR 1961 SC 1782** — Landmark case discussing the distinction between preparation and attempt, holding that the act must go beyond mere preparation and must be the penultimate act towards the commission of the offence.

Practical Implications

- **For legal practitioners:** The central issue in most cases is whether the accused had the intention to kill (warranting Section 307/109 charge) or merely the intention to cause hurt (warranting a lesser charge under Section 323-326 IPC / Section 115-117 BNS). The nature of the weapon, the force used, the part of the body targeted, and the number and nature of injuries are all relevant factors.

- **For accused persons:** If charged under Section 307 IPC / Section 109 BNS, the potential punishment is significantly higher than for lesser offences. If hurt is caused, life imprisonment is possible. Defence strategies often focus on demonstrating that the intention was to cause hurt rather than death.

- **For law enforcement:** The decision to charge under Section 307/109 versus lesser offence sections should be based on a careful assessment of all evidence — including the weapon used, the body part targeted, the nature and number of injuries, and the circumstances surrounding the incident. Overcharging (adding Section 307 where facts don't support it) can lead to acquittals.

- **For victims:** The severity of the charge affects bail prospects and sentencing. Victims should provide detailed statements about the attack, including the weapon used and the words spoken by the attacker, which can help establish murderous intent.

Frequently Asked Questions

Is the punishment for attempt to murder different under BNS compared to IPC?

No. The punishment structure remains identical — up to 10 years (no hurt), life imprisonment or up to 10 years (hurt caused), and death (if already serving life). Section 109 BNS mirrors Section 307 IPC.

Can a person be granted bail in an attempt to murder case?

Attempt to murder is a non-bailable offence. However, this does not mean bail is impossible. The court has discretion to grant bail based on factors such as the nature of the accusation, the severity of the punishment, the evidence against the accused, and the possibility of the accused fleeing. In practice, bail is often granted in Section 307 cases where the injuries are not severe and the accused has no prior criminal history.

How do courts distinguish between attempt to murder and voluntarily causing grievous hurt?

Courts consider several factors: (a) the nature and size of the weapon used, (b) the part of the body targeted (vital organs vs. non-vital parts), (c) the severity and number of injuries inflicted, (d) the force with which the blows were struck, (e) the words spoken by the accused during the attack (threats to kill), and (f) the conduct of the accused before and after the incident. No single factor is determinative — courts look at the totality of circumstances.

Is it necessary for the victim to suffer injuries for a charge under Section 109 BNS?

No. The offence of attempt to murder is complete once the accused does an act with the intention or knowledge required for murder. Even if no injury is caused — for example, if the accused fires a gun and misses — the charge can be maintained. However, the absence of injury will affect the quantum of punishment (maximum 10 years instead of life imprisonment).

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*This content is for educational and informational purposes only. It does not constitute legal advice. For specific legal concerns, consult a qualified legal professional. Content is compliant with Bar Council of India guidelines on legal information sharing.*