Introduction of Section 109 BNS
BNS Section 109 deals with the legal consequences for individuals who attempt to commit murder but do not succeed. This section addresses the criminal act of attempting to kill someone, outlining the penalties for such attempts, whether or not the intended victim is harmed. It emphasizes that even if the act does not result in death, the intention and effort to commit murder are punishable under the law.
The Bharatiya Nyaya Sanhita (BNS) Section 109 replaces the old Indian Penal Code (IPC) Section 307.
- Introduction of Section 109 BNS
- What is section 109 of BNS ?
- BNS 109(1) in Simple Points
- BNS 109(2) in Simple Points
- Section 109 BNS Overview
- BNS 109 Punishment
- BNS 109 bailable or not ?
- Bharatiya Nyaya Sanhita Section 109
- BNS Section 109 FAQs
- If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
What is section 109 of BNS ?
BNS Section 109 deals with the legal consequences of attempting to commit murder. It outlines the punishments for individuals who perform acts with the intent to kill, or with knowledge that their actions could lead to death. If these actions result in harm, the legal repercussions are even more severe. This section aims to address both attempted murder and the consequences of causing injury during such attempts.
Bare Act – BNS Section 108
Whoever does any act with such intention or knowledge and under such circumstances that, if death had been caused by that act, it would amount to 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 punished with imprisonment for life, or with the punishment already described.
If a person already undergoing life imprisonment attempts to commit murder and causes hurt, he shall be punished with death or imprisonment for life, which means imprisonment for the remainder of his natural life
Key Elements of Section 109
- Intent or Knowledge
The accused must either intend to kill or know that their act is so dangerous it could result in death.
Example: Pointing a loaded gun and firing at someone’s chest. - Attempt vs. Actual Murder
The victim survives; otherwise, it would fall under Section 103 (murder).
Example: A stabs B, but the injury is not fatal. - Two Levels of Punishment
- If no injury is caused → Up to 10 years imprisonment + fine.
- If injury is caused → Life imprisonment or 10 years + fine.
- Life Convict Rule
If a prisoner already serving life imprisonment tries to murder again and causes hurt, they may face death penalty or natural life imprisonment. - Legal Classification
- Cognizable → Police can arrest without a warrant.
- Non-Bailable → Bail is not easily available.
- Non-Compoundable → Cannot be settled privately.
- Triable by → Court of Session.
Why Section 108 is Important
- Protects Individuals → Prevents others from manipulating or pressuring someone into suicide.
- Punishes Abettors → Holds accountable those who play a role in someone’s death, even indirectly.
- Deters Exploitation → Discourages harassment, threats, or humiliation that might drive someone to suicide.
- Fills Legal Gap → Ensures suicide cases are not treated as personal tragedy alone but as possible criminal liability.
Examples to Understand
- Example 1 (No Injury): Rajesh shoots at Amit intending to kill, but the bullet misses. He can face up to 10 years in prison under Section 109.
- Example 2 (Injury Caused): Imran stabs Suresh intending to kill. Suresh survives with wounds. Imran may face life imprisonment.
- Example 3 (Life Convict): A prisoner already serving life imprisonment for robbery attacks and injures a jail officer with intent to kill. He may be sentenced to death or life imprisonment for natural life.
- Example 4 (Not Applicable): A driver accidentally hits a pedestrian while driving carefully. This is not attempt to murder; it may fall under Section 106 (death by negligence).
Why Section 109 is Important
- Punishes Deadly Intentions → Even if no one dies, an attempt to kill is treated as a serious crime.
- Protects Society → Ensures violent offenders don’t escape liability just because the victim survived.
- Proportional Punishment → Distinguishes between cases with no injury (10 years) and with injury (life imprisonment).
- Stricter for Repeat Offenders → Life convicts face harsher punishment if they attempt murder again.
BNS 109(1) in Simple Points
BNS Section 109(1): Attempt to Murder
- Definition and Scope
- Section 109(1) addresses individuals who perform an act with the intention to kill or with the knowledge that their action could likely result in death. Even if the act does not cause death, the law treats it as an attempt to murder. This provision is crucial in penalizing those who show clear intent or recklessness in their actions.
- Punishment
- The punishment for someone convicted under this subsection is imprisonment for up to 10 years and/or a fine. The law aims to deter individuals from engaging in acts with deadly intent by imposing significant penalties.
- Cognizable Offense
- This offense is classified as cognizable, meaning the police can arrest the accused without a warrant and start an investigation immediately. This classification underscores the seriousness of the crime and ensures prompt legal action.
- Non-Bailable
- Being non-bailable means that individuals charged under this section cannot easily obtain bail. The seriousness of the offense necessitates stringent conditions for release, reflecting the gravity of the attempt.
- Court of Session
- Cases under Section 109(1) are tried in the Court of Session. This court is responsible for handling more serious criminal cases, ensuring that the severity of the attempt is matched with appropriate legal scrutiny.
BNS 109(2) in Simple Points
BNS Section 109(2): Attempt to Murder by a Life Convict
- Definition and Scope
- Section 109(2) specifically deals with life convicts who attempt to commit murder. If a person already serving a life sentence attempts to kill someone, and if their attempt causes harm, the law prescribes severe penalties.
- Punishment
- The punishment under this section can be either the death penalty or imprisonment for life, which means the remainder of the convict’s natural life. This provision ensures that those already serving life sentences face the most severe consequences for further attempts to kill.
- Cognizable Offense
- Similar to Section 109(1), this offense is also cognizable. This classification allows for immediate arrest and investigation by the police, highlighting the critical nature of the crime.
- Non-Bailable
- As with Section 109(1), the offense under this subsection is non-bailable. This means that life convicts who attempt murder cannot easily be released on bail, ensuring that they remain in custody while their case is resolved.
- Court of Session
- The Court of Session handles trials for cases under Section 109(2). This court’s role is to ensure that serious offenses, especially those involving life convicts, are adjudicated with the necessary gravity and judicial oversight.
Section 109 BNS Overview
BNS Section 109 defines the legal implications for someone who attempts to commit murder. If a person performs an act with the intention or knowledge that it could cause death (if successful), they are guilty of an attempt to murder. If their act causes harm, the punishment is more severe. The law considers both the intent to kill and the actual harm caused when determining the penalty.
Section 109 BNS Overview Key Points
- What Constitutes Attempted Murder: Attempted murder is when someone does something intending to kill another person. Even if the victim does not die, the person who tried to kill them can be punished.
- Punishment for Attempted Murder: If someone tries to kill and causes injury, they can be imprisoned for up to ten years and fined. If they are already serving life imprisonment and attempt another murder, they could be given death or life imprisonment again.
- Severity of the Act: The law looks at the intention and the act of trying to kill. If a person acts in a way that would normally be considered murder if successful, it is still punished under this section.
- Examples of Acts: Actions such as shooting at someone or poisoning food are considered attempts to murder, even if the intended victim does not die.
- Court Proceedings: This type of case is handled by a Court of Session, which deals with serious crimes.
- Offense Classification: Attempted murder is a cognizable offense, meaning the police can arrest without needing a warrant.
- Non-Bailable Offense: Those accused of attempted murder cannot get bail easily, reflecting the seriousness of the crime.
- Non-Compoundable: The offense cannot be settled out of court or dropped by the victim’s agreement.
- Impact of Hurt: If the attempt results in any injury to the victim, the penalties can be more severe.
- Life Sentence Impact: For those already serving a life sentence, any further attempt at murder could result in even harsher penalties, including death.
BNS 109 Punishment
Imprisonment: For attempting to murder and causing hurt, the punishment can be up to ten years of imprisonment.
Fine: Along with imprisonment, a fine may also be imposed.
BNS 109 bailable or not ?
Non-Bailable: The offense is non-bailable, meaning that the accused cannot be released on bail easily.
Bharatiya Nyaya Sanhita Section 109
| Section | Description | Punishment | Cognizable/Non-Cognizable | Bailable/Non-Bailable | Court |
|---|---|---|---|---|---|
| 109(1) | Attempt to murder | Imprisonment for up to 10 years and fine | Cognizable | Non-bailable | Court of Session |
| 109(2) | Attempt by life convict to murder, if hurt is caused | Death or imprisonment for life (remainder of natural life) | Cognizable | Non-bailable | Court of Session |
| If such act causes hurt to any person | Imprisonment for life | Cognizable | Non-bailable | Court of Session |
Comparison Table BNS Section 109 vs IPC Section 307
| Points | IPC Section 307 | BNS Section 109 |
|---|---|---|
| Codification | Indian Penal Code, 1860 | Bharatiya Nyaya Sanhita, 2023 |
| Scope | Attempt to murder | Same |
| Punishment (General) | Up to 10 years + fine | Up to 10 years + fine |
| If Hurt Caused | Life imprisonment | Life imprisonment |
| If Life Convict Attempts Murder | Death or life imprisonment | Same, but “life” clarified as natural life |
| Language | Old, complex | Modern, simplified |
| Status | Repealed (2023) | Active under BNS |
BNS Section 109 FAQs
What is BNS Section 109 about?
It deals with the punishment for attempted murder, defining how the law handles cases where someone tries to kill another person but does not succeed.
What is the punishment for attempted murder under BNS Section 109?
The punishment can be up to ten years of imprisonment and a fine. If the person is already serving life imprisonment, they may face death or life imprisonment again if they attempt another murder.
Is BNS Section 109 bailable?
No, the offense is non-bailable, meaning the accused cannot easily get bail.
What does “cognizable” mean in the context of BNS Section 109?
“Cognizable” means that the police can arrest the accused without a warrant and start an investigation.
Can the offense under BNS Section 109 be settled out of court?
No, it is non-compoundable, which means it cannot be resolved through an agreement between the parties involved.
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Conclusion
BNS Section 109 ensures that even failed murder attempts are treated with utmost seriousness. By punishing not only the intent but also the harm caused, it prevents offenders from escaping liability simply because the victim survived. By carrying forward IPC Section 307 with clearer language, and adding clarity for life convicts, the law strengthens India’s stance against violent crimes. It highlights that society must be protected not only from murder but also from attempts that endanger life.