Section 307 IPC and Section 109 BNS: Attempt to Murder
Attempt to murder is an offence where a person takes a sufficiently direct step towards causing death with the intention or knowledge that would make the act murder if death resulted. Section 307 of the Indian Penal Code, 1860 (IPC) is the historical provision; Section 109 of the Bharatiya Nyaya Sanhita, 2023 (BNS) is its corresponding provision under the new criminal law.
Section 307 IPC: statutory text and punishment
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.
Attempts by life-convicts: When any person offending under this section is under sentence of imprisonment for life, he may, if hurt is caused, be punished with death.
The statutory language is retained here for historical and legal reference. Section 307 IPC covers an attempt even if no injury occurs, provided the required intention or knowledge and criminal act are proved.
Section 109 BNS: current corresponding provision
Section 109 BNS addresses attempt to murder. It continues to focus on an act done with the requisite intention or knowledge and in circumstances where death, if caused, would amount to murder. Under subsection (1), the ordinary punishment can extend to ten years and fine; where hurt is caused, imprisonment for life may be imposed. Subsection (2) contains an additional rule for an offender already serving a life sentence who causes hurt; the precise statutory language should be consulted for the available punishments.
Essential ingredients of attempt to murder
- Intention or knowledge: the mental element must be such that, had death resulted, the act would have amounted to murder.
- Overt act: there must be conduct going beyond mere preparation and sufficiently connected with the intended killing.
- Circumstances: the weapon, part of the body targeted, force, conduct before and after the incident, and surrounding evidence can be relevant.
- No death required: the victim need not die, and physical injury is not always essential.
Illustrations preserved from Section 307 IPC
- A shoots at Z intending to kill him in circumstances in which A would be guilty of murder if Z died. A is liable under this section.
- A, intending to cause the death of a child of tender years, exposes the child in a desert place. The offence is committed although the child does not die.
- A intending to murder Z buys and loads a gun: that alone is preparation. When A fires at Z, the act constitutes an attempt; if Z is wounded, the enhanced punishment provision may apply.
- A intending to poison Z purchases poison and mixes it with food kept in A's possession: this alone does not complete the attempt. When A places the poisoned food on Z's table or delivers it to servants for that purpose, the attempt is committed.
IPC Section 307 and BNS Section 109 compared
| Topic | Section 307 IPC | Section 109 BNS |
|---|---|---|
| Offence | Attempt to murder | Attempt to murder |
| Ordinary punishment | Up to 10 years and fine | Up to 10 years and fine |
| Where hurt is caused | Life imprisonment or ordinary punishment | Life imprisonment or punishment under subsection (1) |
| Life-sentence offender causing hurt | Special death-penalty provision | Special provision under subsection (2); consult current text |
| Temporal application | Relevant to pre-commencement offences, subject to law | In force from 1 July 2024 |
FIR, bail and trial
Attempt to murder is ordinarily a cognizable, non-bailable offence and is triable by a Court of Session. Non-bailable does not mean bail is impossible: the competent court considers the facts, allegations, evidence, severity and applicable law. For new cases, the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) governs criminal procedure, subject to transitional provisions.
The police may register an FIR on information disclosing a cognizable offence. Whether a particular incident amounts to attempt to murder or a lesser offence depends on the evidence of intention or knowledge and the acts proved.
Attempt to murder versus other offences
Attempt to commit culpable homicide: Section 308 IPC (corresponding broadly to Section 110 BNS) concerns an attempted act that would amount to culpable homicide not amounting to murder if death resulted. Causing hurt: hurt or grievous hurt provisions may apply where the higher mental element necessary for attempted murder is not established. The injury alone does not conclusively determine the offence.
Official legislation and references
- India Code: official central legislation database (search the Bharatiya Nyaya Sanhita, 2023, Section 109, and the Indian Penal Code, 1860, Section 307).
- Ministry of Home Affairs (criminal law commencement notifications and official materials).
- Bharatiya Nagarik Suraksha Sanhita, 2023 (procedural provisions and offence classification).
Frequently asked questions
What is Section 307 IPC?
Section 307 IPC penalises an act done with the intention or knowledge and in circumstances that would amount to murder if death resulted. The corresponding current provision is Section 109 BNS.
Is an injury necessary for attempt to murder?
No. An injury is not indispensable. The prosecution must establish the required intention or knowledge and an overt act amounting to an attempt; the nature of any injury is relevant evidence.
What is the punishment for attempt to murder?
Under Section 307 IPC, the ordinary maximum is ten years and fine; if hurt is caused, imprisonment for life is possible. Section 109 BNS retains the broad punishment framework, subject to its specific terms.
Is attempt to murder bailable?
Attempt to murder is generally a cognizable and non-bailable offence, triable by a Court of Session. Bail is decided by the competent court under applicable procedure.
Which law applies to an offence before 1 July 2024?
The date of the alleged act and applicable repeal-and-savings provisions matter. The IPC can remain relevant to offences committed before the BNS commenced.