What Is BNS Section 109?

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.

Brief Detail

BNS Section 109 deals with the offense of attempting to commit murder. It prescribes punishment for anyone who performs an act with the intent or knowledge that, if it resulted in death, would constitute murder. The penalties include imprisonment for up to ten years and fines, with more severe consequences if the act causes harm. If the offender is already serving a life sentence and causes harm, they may face death or life imprisonment. The section provides examples of different scenarios that illustrate when the offense is considered to have been committed.

Question & Answers

• Q1: What does BNS Section 109 cover?
  A1: BNS Section 109 covers the offense of attempting to commit murder. It punishes individuals who act with the intention or knowledge that their act, if it resulted in death, would be classified as murder.
• Q2: What are the penalties under BNS Section 109?
  A2: The penalties include imprisonment for up to ten years and a fine. If the act causes harm to another person, the offender may face life imprisonment or death.
• Q3: What happens if the offender is already serving a life sentence?
  A3: If the offender is serving a life sentence and causes harm, they may be punished with death or with imprisonment for the remainder of their natural life.
• Q4: Can you give examples of how BNS Section 109 is applied?
  A4:
  • Example (a): A shoots at Z with the intention to kill. A is liable under this section.
  • Example (b): A exposes a child to harm intending to cause death. This is considered an offense even if the child does not die.
  • Example (c): A fires a gun intending to kill Z. If Z is wounded, A is liable for punishment under this section.
  • Example (d): A poisons food intended for Z. If the food is delivered to Z, A has committed the offense.

Example

• Example 1: A plans to murder Z and buys a gun. A shoots at Z but only injures him. Under BNS Section 109, A is guilty of attempting murder and may face severe punishment.
• Example 2: A places poisoned food intended for Z on Z’s table. The food is not consumed, but A has still committed the offense of attempting murder under BNS Section 109.

Summary

BNS Section 109 addresses the crime of attempting to commit murder, specifying the conditions under which a person can be charged and the punishments for such offenses. It provides for imprisonment and fines for unsuccessful attempts and more severe penalties, including life imprisonment or death, if harm is caused. The section includes various illustrative scenarios to clarify when an attempt to murder is considered an offense.