IPC 307 → BNS 109: Attempt to Murder

IPC 307 (now BNS 109): Attempt to Murder

IPC Section 307 punishes an attempt to commit murder — doing an act with such intention or knowledge, and under such circumstances, that if it had caused death the accused would have been guilty of murder. From 1 July 2024 this provision continues as Section 109 of the Bharatiya Nyaya Sanhita (BNS) 2023.

Punishment under BNS 109 (same as IPC 307)

Imprisonment up to 10 years and fine; and where hurt is actually caused to the victim, the term may extend to imprisonment for life. The two-tier structure — a lighter ceiling where no injury results and a life-term exposure where the victim is hurt — is carried over unchanged.

What changed from IPC to BNS?

The core offence and punishment are unchanged; only the section number moved (IPC 307 to BNS 109). The principal addition under the new code is the express linkage of attempt-to-murder conduct with the BNS organised-crime provisions, so that planned or syndicate-driven attempts can attract those harsher tracks. FIRs registered before 1 July 2024 continue under IPC 307; new FIRs cite BNS 109.

Worked example

A fires a loaded pistol at B intending to kill him, but the bullet only grazes B's arm. Because the act was done with murderous intention and hurt was caused, A is liable under BNS 109 for attempt to murder — and faces the enhanced life-term exposure, even though B survived.

Practical notes

• For advocates: the decisive question is whether, had death resulted, the offence would have been murder (IPC 302 to BNS 103) or merely culpable homicide (IPC 308 to BNS 110). That choice fixes whether BNS 109 or BNS 110 applies.
• For the accused: attempt-to-murder is a grave, cognizable and non-bailable charge — secure experienced criminal counsel for bail and defence at the earliest.