सं Samvidhan

Bharatiya Nyaya Sanhita, 2023

Section 109

Attempt to murder

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.