307 vs 109
IPC Section 307 (Attempt to Murder) maps directly to BNS Section 109 with identical punishment structure: up to 10 years if no hurt is caused, and life imprisonment if hurt results.
What Changed?
IPC 307 and BNS 109 are substantively identical — same elements, same two-tier punishment.
Punishment Tier 1: If the act does not cause any hurt — up to 10 years imprisonment + fine.
Punishment Tier 2: If the act causes hurt to any person — up to life imprisonment + fine.
The offence is complete when an act is done with murderous intent under circumstances where death would constitute murder — whether or not the victim is actually harmed.
BNS 109 is charged alongside BNS 103 (murder) when multiple victims are involved — 103 for the victim who died, 109 for survivors of the same attack.
Verdict
"No substantive change in the law of attempted murder. The two-tier punishment structure — escalating from 10 years to life imprisonment when hurt is actually caused — is fully preserved under BNS 109."
Detailed Analysis
307
Attempt to Murder
109
Attempt to Murder
Legal Implications
Practical Scenarios
"Firing a gun at someone's head but missing entirely — Section 307/BNS 109 (up to 10 years)."
"Stabbing a person in the abdomen intending to kill, but the victim survives — Section 307/BNS 109 with hurt (up to life imprisonment)."
"Administering poison in a dose expected to kill, but the victim recovers — Section 307/BNS 109."
"In an attack killing one victim and injuring another — murder (BNS 103) for the deceased and attempt to murder (BNS 109) for the survivor."
Expert Q&A
What is the BNS equivalent of IPC 307?
IPC Section 307 (Attempt to Murder) is now BNS Section 109. The law is identical — same elements, same two-tier punishment structure, same non-bailable status.
Can someone be convicted under 307 if they missed and caused no injury?
Yes — the Supreme Court in State of Maharashtra v. Balram Bama Patil (1983) held that Section 307 is attracted even without physical injury, provided the act was done with murderous intent and was capable of causing death. The absence of injury means the lower tier (10 years) applies rather than the higher tier (life).
What is the difference between IPC 307 (Attempt to Murder) and IPC 308 (Attempt to Culpable Homicide)?
Section 307 requires intent that would constitute murder (Section 300) if successful. Section 308 requires intent that would only constitute culpable homicide not amounting to murder (Section 304) — a lower degree of culpability. The punishment ceiling for Section 308 is lower: 3 years (no hurt) or 7 years (hurt caused), compared to 307's 10 years and life.
Is Section 307 / BNS 109 bailable?
No — both IPC 307 and BNS 109 are Non-Bailable and Cognizable offences triable by the Court of Session.
Can the same accused be charged with both murder (302) and attempt to murder (307)?
Not for the same act on the same victim — if death results it is 302; if death does not result it is 307. But in multi-victim attacks, an accused can face 302 for a victim who died and 307 for another who survived the same attack.
Related IPC Sections
Related BNS Sections
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