BNS Section 109

Section 109 of the Bharatiya Nyaya Sanhita (BNS) deals with the attempt to murder.

(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.
(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 the first paragraph of this section.
(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.

Example:
Vijay shoots his gun at Rakesh with the intention to kill him, however, the bullet does not cause a fatal wound and Rakesh survives. Vijay is guilty of attempt to murder under this Section.

Key Points in BNS-109
 

1. Definition of Attempt to Murder:
    

   • Intent or Knowledge: An attempt to murder occurs when a person acts with the intention or knowledge that their act, if successful, would constitute murder. The act must be such that if it resulted in death, it would be classified as murder.
      

2. Punishment for Attempted Murder:
    

   • Imprisonment: The penalty for an attempt to murder can be imprisonment of either description (rigorous or simple) for up to ten years.
      

   • Fine: The offender is also liable to a fine.
      

   • If Hurt is Caused: If the attempt results in harm to the victim, the offender may be punished with imprisonment for life or the previously mentioned term.
      

3. Enhanced Punishment for Life Sentence:
    

   • Under Sentence of Life Imprisonment: If the offender is already serving a life sentence and causes hurt during the attempt, the punishment can be death or imprisonment for life (the remainder of their natural life).
      

4. Illustrations of Attempted Murder:
    

   • Example (a): A shoots at Z with the intention to kill. Even if Z is not killed, A is liable under this section.
      

   • Example (b): A exposes a child to a desert place intending to cause death. Even if the child does not die, A has committed an attempted murder.
      

   • Example (c): A buys and loads a gun with the intention to kill Z and fires it, wounding Z. This constitutes attempted murder, and A faces the punishments associated with causing harm.
      

   • Example (d): A buys poison with the intent to kill Z and mixes it with food, which is then delivered to Z. Even if Z does not consume the poisoned food, A has committed attempted murder.
      

Summary
 

• Attempt to Murder: This offense is characterized by acts done with the intention or knowledge that, if successful, would constitute murder.
   

• Penalties: Imprisonment for up to ten years and/or fine; if the act causes harm, the offender may face life imprisonment or more severe penalties.
   

• Examples: Various scenarios illustrate what constitutes an attempt to murder, including preparations and actions taken toward committing the act, even if the final outcome does not result in death.

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