Attempt to Murder Under the BNS (Section 109): IPC 307 Mapping (2026)
What attempt to murder means under Section 109 of the Bharatiya Nyaya Sanhita (BNS), how it maps to the old Section 307 of the IPC, the punishment, and what changed. Last verified October 2026.
Explainer · Criminal Law · BNS
Attempt to murder is punished under Section 109 of the Bharatiya Nyaya Sanhita (BNS), the new criminal code in force since 1 July 2024. Section 109 replaced Section 307 of the Indian Penal Code (IPC). It punishes an act done with the intention or knowledge needed for murder, even where no one died. The punishment extends to ten years, or to imprisonment for life if hurt is caused. This explainer sets out what Section 109 covers, how it maps to the old law, and what changed. Last verified October 2026.
- New section: attempt to murder is Section 109 of the BNS, in force since 1 July 2024.
- Old section: it replaced Section 307 of the IPC.
- Punishment: up to 10 years and a fine; up to imprisonment for life if hurt is caused. A life-convict who attempts murder and causes hurt can face death.
- Classification: cognizable, non-bailable, triable by the Court of Session.
01Punishing the act, not only the result
A person can fire a shot or deliver a blow meant to kill, and the victim can still survive. The criminal law does not let the accused escape simply because the attempt failed. Attempt to murder punishes the act done with a murderous intention or knowledge, whether or not death followed.
Since 1 July 2024 this offence is Section 109 of the BNS, not Section 307 of the IPC. The text, the ingredients, and the case law are carried over almost unchanged, so most of what practitioners knew about Section 307 still holds.
02What Section 109 covers
Section 109 of the BNS punishes a person who does any act with the intention or knowledge, and in the circumstances, that the act would be murder if it caused death. The act need not cause death. It need not even cause hurt. What matters is the intention or knowledge behind it.
Section 109 has two sub-sections:
- Section 109(1): the general offence of attempt to murder.
- Section 109(2): a heavier clause where a person already under a sentence of imprisonment for life attempts murder, and hurt is caused.
Attempt, not a lesser hurt
The charge is attempt to murder only if the act was done with the intention or knowledge needed for murder. Without that, the right charge may be grievous hurt or voluntarily causing hurt, which are separate offences.
03Key ingredients
To prove attempt to murder under Section 109, the prosecution must show:
- An act by the accused: some positive act towards causing death, beyond mere preparation.
- Intention or knowledge: the mental state that would make the act murder if death had followed.
- Capacity to kill, in the circumstances: the act, in the circumstances known to the accused, was capable of causing death.
Whether hurt was actually caused affects the sentence, not the guilt. If hurt is caused, the court can impose a higher sentence, up to imprisonment for life.
04Old to new: IPC 307 to BNS 109
Section 307 of the IPC is now Section 109 of the BNS. The provision is carried over with little change.
| Point | Old law (IPC 307) | New law (BNS 109) |
|---|---|---|
| Attempt to murder | Section 307 | Section 109(1) |
| Higher punishment if hurt caused | Yes, up to life | Yes, up to life |
| Life-convict who attempts murder causing hurt | Separate clause (death possible) | Section 109(2) (death possible) |
The structure matches the old Section 307, including the heavier punishment where the offender is already serving a life sentence and causes hurt. This is renumbering more than redrafting.
05Punishment and classification
Under Section 109(1), attempt to murder is punished with imprisonment of either description up to ten years, and a fine. If the act causes hurt, the offender may instead be sentenced to imprisonment for life, or the term and fine above.
Under Section 109(2), a person already under a sentence of imprisonment for life who attempts murder, and causes hurt, may be punished with death, or with imprisonment for life.
On classification, attempt to murder under Section 109 is cognizable, non-bailable, non-compoundable, and triable by the Court of Session.
06What changed from the old law
For attempt to murder, the change is essentially the section number. The ingredients, the two levels of sentence, and the special clause for a life-convict are all carried over from Section 307, so the large body of case law on Section 307 continues to guide how Section 109 is read.
If an attempt actually causes death, the charge becomes murder under Section 103 or culpable homicide under Section 105, depending on the facts.
07Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
Attempt-to-murder cases often turn on whether the act crossed from preparation into an attempt, and on how similar facts have been read elsewhere. Offences and procedure under Section 109 are charged and litigated in cases across India. Claw lets you search and track cases, orders and judgments by section, party or advocate across 9,102 courts, benches and forums, with 30 crore+ judgments and results in under 5 seconds, so you can pull how courts have drawn the line, or follow a live matter by party or advocate name.
Claw does not use customer case documents to train AI models. Create a FREE Claw account to search and track cases under this section by party or advocate name. For wider research, see case search across Indian courts.
08Sources and further reading
- India Code (official text of the BNS, 2023): indiacode.nic.in
- PRS Legislative Research (BNS overview and IPC comparison): prsindia.org
- Section 109, BNS (bare text): devgan.in
- Claw: clawlaw.in
This explainer is general information, not legal advice. The law changes through amendments and judgments, so check the current text and take advice from counsel before you act.
09Frequently asked questions
What is Section 307 IPC in the BNS?
Section 307 of the IPC, attempt to murder, is now Section 109 of the Bharatiya Nyaya Sanhita, 2023. The provision is carried over with little change.
What is the punishment for attempt to murder under BNS Section 109?
Imprisonment up to ten years and a fine. If the act causes hurt, the offender may be sentenced to imprisonment for life. If a person already serving a life sentence attempts murder and causes hurt, the court may impose death or imprisonment for life.
Is attempt to murder bailable under the BNS?
No. Attempt to murder under Section 109 is a cognizable and non-bailable offence, triable by the Court of Session.
Do you have to cause injury to be guilty of attempt to murder?
No. The offence turns on an act done with the intention or knowledge needed for murder. Whether hurt was actually caused affects the sentence, not the guilt. If hurt is caused, a higher sentence up to life is possible.
What changed from Section 307 IPC?
Very little in substance. The ingredients, the two sentencing levels, and the special clause for a life-convict are carried over, so the change is mainly the section number. Case law on Section 307 still applies.
Can I track an attempt-to-murder case in Claw?
Yes. Claw lets you search and track cases, orders and judgments by section, party or advocate across 9,102 courts, benches and forums, with results in under 5 seconds. It tracks and researches the matter but does not give legal advice.