BNS Section 109

BNS Section 109: Attempt to murder

Equivalent Legacy Law: IPC Section 307

💡 Simplified Explanation

BNS Section 109 defines the rules, regulations, and penalties regarding: "attempt to murder". This section is part of the updated criminal code of India (BNS, 2023) which modernized the legal framework.

Real-World Scenario

"If an individual is found violating the provisions regarding attempt to murder as defined under this Section, they will be charged under BNS Section 109 instead of the old IPC sections."

⚖️ Procedural Classification Summary

Attempt to murder

Bailable: Non-bailable (Bail can only be granted by the Judiciary)
Cognizable: Cognizable (Police can arrest without warrant)
Triable by: Court of Session
Punishment: Imprisonment for 10 yearsand fine. If such act causes hurt toImprisonment for life, orany person.as above

Attempt by life-convict to Death, or imprisonmentmurder, if hurt is caused.for life which shall mean the remainder of that person's natural life

Bailable: Non-bailable (Bail can only be granted by the Judiciary)
Cognizable: Cognizable (Police can arrest without warrant)
Triable by: Court of Session
Punishment: Attempt by life-convict to Death, or imprisonment

📜 Official Statutory Provision

Under IPC, Section 307 Clause 2 prescribes the death penalty only for an attempt to murder by a life-convict, but alternate punishment is given in Section 109(2) of the BNS, which states that "be punished with death or with imprisonment for life, which shall mean the remainder of that person’s natural life".
Bail Status Guide Is Section 109 Bailable? → Sentencing Guide Jail Term & Fine Details →