Code
(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 BNS
Section 109 of Bharatiya Nyaya Sanhita (BNS), 2023, deals with the offense of attempt to murder. This section applies when a person:
- Intends to cause death and takes an action towards it.
- Has knowledge that their act can lead to death.
- Fails to complete the murder, but still commits a punishable offense.
Key Elements of Section 109 BNS:
- Intention or Knowledge:
- The offender must have a clear intention to kill or
- Must know that their act could cause death.
- Punishment:
- If no injury is caused: Imprisonment up to 10 years + Fine.
- If hurt is caused: Life imprisonment or up to 10 years + Fine.
- If the offender is already serving life imprisonment: Punishment may be death or life imprisonment.
Illustrations
Example 1: Shooting with Intent to Kill
A shoots at Z with the intention of killing him. If Z survives, A is guilty of attempt to murder under Section 109 BNS.
Example 2: Exposing a Child to Death
A abandons a child in a desert, knowing the child may die. Even if the child survives, A has committed an attempt to murder.
Example 3: Firing a Gun with the Intention to Kill
A buys a gun and loads it intending to kill Z.
- At this stage, A has not committed the offense.
- When A actually fires the gun at Z, A has committed attempt to murder.
Example 4: Poisoning Attempt
A buys poison and mixes it in food, but keeps the food with himself.
- Not an offense yet.
- When A serves the food to Z, it becomes an attempt to murder.
Common Questions and Answers on Section 109 BNS
1. How is attempt to murder different from murder?
- Murder (Section 103 BNS): The victim dies due to the act.
- Attempt to Murder (Section 109 BNS): The act is committed, but the victim survives.
2. Is attempt to murder a bailable offense?
No, Section 109 BNS is non-bailable due to the seriousness of the crime.
3. What if a person only makes a plan but does not act on it?
- Just planning is not an offense under Section 109 BNS.
- The actual act of attempting murder is necessary for prosecution.
4. What is the difference between attempt to murder and grievous hurt?
- Attempt to Murder (Section 109 BNS): Intent to kill is proven.
- Grievous Hurt (Section 112 BNS): The intention may not be to kill, but to cause serious injury.
5. What punishment is given if an already convicted person attempts murder?
- If the offender is already serving life imprisonment, the punishment may be death or life imprisonment (natural life).
Conclusion
Section 109 BNS ensures that serious legal consequences are imposed on those who attempt to take another’s life. Even if the murder is not completed, the intent and attempt alone make the crime punishable.
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