Attempt to murder

All Acts ⚖️BNS 📋CPC 🛡️CrPC 🏛️COI 💍HMA 🧾ITA ⚖️IPC

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This provision is now IPC Section 307 (Attempt to murder) under the Indian Penal Code, effective from 1 July 2024. FIRs registered after that date cite the new section number.

What does this section state?

This section carries forward IPC Section 307 into the Bharatiya Nyaya Sanhita, retaining the same core ingredients: an act done with the intention or knowledge that, had death resulted, the offender would have been guilty of murder. As before, the offence is complete regardless of whether any actual injury results from the attempt.

The punishment structure is also unchanged — up to ten years' imprisonment and a fine generally, escalating to imprisonment for life where the attempt actually causes hurt to the victim. Courts continue to examine the same factors developed under the earlier provision, such as the weapon used and the part of the body targeted, to assess intent.

This section applies to attempts occurring on or after 1 July 2024, with earlier incidents continuing to be tried under IPC Section 307.

Punishment Imprisonment up to 10 years and fine; imprisonment for life if hurt is caused

Triable By Court of Session

Bailable Non Bailable

Cognizable Cognizable

Compoundable Non Compoundable

Frequently Asked Questions

Is BNS Section 109 bailable?

This is a non bailable offence. Bail is not a matter of right and must be argued before a Magistrate or Sessions Court, typically with the help of a criminal lawyer.

What is the punishment under this section?

Imprisonment up to 10 years and fine; imprisonment for life if hurt is caused. Courts have discretion based on the facts of each case, and the actual outcome can vary.

Can a case under this section be compounded (settled)?

No — this is a non-compoundable offence. The complainant cannot withdraw the case by private settlement; prosecution continues regardless of any compromise.

Does the punishment differ from the old IPC provision?

No — the punishment structure is unchanged: up to ten years and a fine generally, rising to life imprisonment if hurt is actually caused to the victim, exactly as under the earlier IPC Section 307.

Which section applies if the offence occurred before July 2024?

IPC Section 307 continues to apply to any attempt to murder that occurred before the BNS came into force on 1 July 2024, since the case is tried under the law in effect at the time of the offence.

Is intent still the key element under this section?

Yes — as with the IPC provision, the prosecution must show the same intention or knowledge required for murder, even though the attempt did not (or did not yet) result in death.

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This page is for general information only and is not a substitute for advice from a qualified advocate. Always verify against the current official bare act.