Bharatiya Nyaya Sanhita, 2023
Section 109
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. Illustrations.
(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 sub-section (1).
(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.
Why this exists
Indian criminal law has long distinguished between the completed crime of murder and the attempt to commit it, recognizing that a dangerous, murderous act deserves serious punishment even when it fails to kill — often due to luck, timing, or intervention rather than the offender's restraint. This provision (formerly Section 307 of the Indian Penal Code, 1860) carries that logic forward into the Bharatiya Nyaya Sanhita, 2023, preserving over 160 years of settled criminal law principles while adding a specific, harsher provision for repeat offenders already serving life sentences, aimed at deterring violence within prisons or by those with nothing left to lose under ordinary sentencing.
How courts read it
Under the identically-worded predecessor, Section 307 IPC, courts held that the prosecution must prove the same mental state (intention or knowledge) required for murder — the nature and location of injuries, weapon used, and manner of attack are key evidence of this intent, even if the injury itself is minor or absent (as in cases like State of Maharashtra v. Balram Bama Patil and Om Prakash v. State of Punjab). Courts have also clarified that the offence is complete the moment the act goes beyond mere preparation, even if it ultimately fails — mirroring the illustrations about firing a gun or placing poisoned food, as opposed to merely acquiring the weapon or poison.
Common misconceptions
- Myth: If the victim survives, it's not a serious crime.
Fact: Courts have held that survival often depends on luck or medical help, not the attacker's intentions — attempted murder is punished based on the attacker's intent and actions, not the outcome. - Myth: Buying a weapon or poison to kill someone is already 'attempted murder'.
Fact: As Illustrations (c) and (d) show, merely acquiring a weapon or poison is preparation, not attempt. The crime is complete only when the person actually acts on it, such as firing the gun or placing the poisoned food for the victim.