So, someone just tried to shoot at you, missed you by a whisker, and ran away — and you’re wondering, “Is that person going to face any consequences?” Well, buckle up, because Indian law has a very direct answer to that question, and it goes by the name of 109 BNS. No, it’s not a bus route. It’s not a classroom number either. It’s one of the most significant and fiercely debated legal provisions in India’s brand-new criminal justice framework — the Bharatiya Nyaya Sanhita, 2023.
Quick Reference Stats Table: Section 109 BNS at a Glance
| Parameter | Details |
|---|---|
| Section Name | Section 109 BNS — Attempt to Murder |
| Governing Law | Bharatiya Nyaya Sanhita (BNS), 2023 |
| Effective Date | 1st July 2024 |
| IPC Equivalent | Section 307 IPC (Indian Penal Code, 1860) |
| Chapter | Chapter VI — Offences Affecting the Human Body |
| Punishment (No Hurt Caused) | Imprisonment up to 10 years + Fine |
| Punishment (Hurt Caused) | Imprisonment for Life, or up to 10 years + Fine |
| Punishment (Life Convict + Hurt) | Death Penalty or Life Imprisonment (remainder of natural life) |
| Cognizable or Non-Cognizable | Cognizable |
| Bailable or Non-Bailable | Non-Bailable |
| Triable By | Court of Session |
| Nature of Offence | Serious / Grave |
The Big Picture: What is 109 BNS and Why Should You Care?
Let’s start from the very beginning, shall we? India, for over 160 years, operated its criminal justice system under the Indian Penal Code (IPC), 1860 — a law written by the British during colonial times. Think of it as a very old operating system running on a modern computer. Sure, it worked, but it had glitches, gaps, and a whole lot of colonial baggage.
On 1st July 2024, the Government of India pressed the “update” button — and the IPC was officially replaced by the Bharatiya Nyaya Sanhita, 2023 (BNS). This was a landmark reform that overhauled India’s criminal law framework, renumbering, restructuring, and in many cases, revising provisions to align with contemporary realities.
109 BNS is one of those pivotal provisions. It deals specifically with Attempt to Murder — a crime that is not just serious on paper, but profoundly devastating in real life. It acknowledges a fundamental truth in criminal law: the intent to kill matters, even if the deed is not done. A bullet that misses is still a crime. A poison placed on a table is still an offence. The law doesn’t wait for a coffin before it acts.
The Exact Text of Section 109 BNS — Decoded Simply
Here is what Section 109 BNS actually says, followed by what it actually means in plain English:
(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.
What this means in plain language: If you try to kill someone — whether you succeed in injuring them or not — you are criminally liable. If you cause physical harm in the process, the punishment gets much harsher (going all the way to life imprisonment). And if you’re already serving a life sentence and you still try to murder someone and hurt them in the process? The court can award you the death penalty. That’s not a typo — that’s the law.
109 BNS Punishment — Breaking It Down Tier by Tier
One of the smartest things about Section 109 BNS Punishment is its tiered structure. It doesn’t treat all attempt-to-murder cases with the same brush, because not all situations are identical. Here’s how the punishment ladder works:
Tier 1 —
Attempt, But No Hurt Caused: If you try to kill someone but cause no physical injury whatsoever, you can still be imprisoned for up to 10 years and fined. The law is clear — intention alone is enough. You don’t need a victim in the hospital for the court to take action.
Tier 2 —
Attempt, And Hurt is Caused: If your attempt to kill results in any injury to the victim — even if they survive — the punishment escalates dramatically. The offender faces either imprisonment for life OR imprisonment up to 10 years, plus a fine. The court has discretion here, but the message is loud and clear: hurt someone while trying to kill them, and you’re looking at a life sentence.
Tier 3 —
Life Convict Who Attempts Murder and Causes Hurt: This is where 109 BNS truly shows its teeth. If the accused is already serving a life imprisonment sentence and still attempts to murder someone and causes hurt in the process, the court can award either the death penalty or natural life imprisonment — meaning they stay in prison until their last breath. No parole, no early release, no second chances.
109 BNS Bailable or Not? — The Answer That Matters Most
If you or someone you know has been charged under 109 BNS, this is probably the question you’re asking first: Can they get bail?
The short, definitive answer is: No. Section 109 BNS is Non-Bailable.
This means that the accused does not have an automatic right to bail. Unlike bailable offences (where bail is almost routine), a non-bailable offence requires the accused to go before a judge and make a strong case for why they should be released. The court has the discretion to grant or deny bail based on factors like the nature of the offence, the evidence against the accused, their criminal history, and the risk of them fleeing or influencing witnesses.
Moreover, 109 BNS is a Cognizable offence, which means the police can arrest the accused without a warrant. They don’t need to knock on the court’s door before making the arrest. The moment credible information is received, the police have the authority to take the accused into custody.
This combination — cognizable + non-bailable — makes SEC 109 BNS one of the most serious provisions an Indian citizen can face.
109 BNS Triable by Which Court? — The Jurisdiction Question
Here’s another question that comes up constantly in legal discussions and courtrooms across the country: 109 BNS triable by which court?
The answer is unambiguous: Section 109 BNS is triable exclusively by the Court of Session.
In India’s judicial hierarchy, the Sessions Court is a District-level court that handles serious criminal cases. It’s not the magistrate’s court down the lane — it’s a higher-level court with a Sessions Judge presiding. This reflects the gravity of the offence. A case involving an attempt to murder a human being is not something that gets resolved in a summary trial or by a junior magistrate. It demands the full weight of a Sessions Court proceeding, complete with witnesses, cross-examination, evidence evaluation, and a considered verdict.
This is also why 109 BNS in Hindi discussions — often referred to as Dhara 109 BNS in Hindi or धारा 109 BNS — are so widely discussed among ordinary citizens, especially those in semi-urban and rural areas who interact with police and courts through Hindi-medium proceedings. The Sessions Court process can be long and demanding, which is why having a good lawyer is absolutely essential.
109 BNS vs IPC Section 307 — What Changed, What Stayed the Same
If you’re familiar with the old Indian Penal Code, you might already know that Section 307 IPC was the provision that dealt with Attempt to Murder before the BNS came into force. So how does 109 BNS in IPC compare? Let’s lay it out clearly.
The core definition of the offence hasn’t changed dramatically — attempt to murder was serious under IPC 307, and it remains serious under 109 BNS. The intent-based framework, the tiered punishment system, and the illustrations remain largely consistent.
However, there are meaningful differences. Under the old IPC Section 307 (Clause 2), the death penalty for a life convict who attempts murder was available only in specific circumstances outlined differently. The BNS has retained and arguably clarified this provision — ensuring that a life convict who causes hurt during an attempt to murder can face death penalty or remainder-of-natural-life imprisonment.
Additionally, the BNS as a whole has been crafted with a more Indian ethos and constitutional alignment, replacing colonial-era terminology and restructuring chapters to reflect modern legal thinking. While 109 BNS as a provision shares its DNA with IPC 307, it now sits within a fresh, reformulated criminal code that has been domestically conceived and legislated.
The Four Powerful Illustrations Under Section 109 BNS — Real-Life Scenarios Explained
One of the most educational aspects of Section 109 BNS is its use of official illustrations — concrete examples that show exactly when the law applies. Let’s walk through all four, because they’re genuinely illuminating.
Illustration A —
The Classic Shooting Case: A shoots at Z with the intention to kill him. The circumstances are such that if Z had died, A would be guilty of murder. Z survives. A is still liable under Section 109 BNS. The survival of the victim changes nothing about A’s guilt. Intent was there, act was committed — that’s enough.
Illustration B —
The Abandoned Child: A intends to cause the death of a child of tender years and deliberately exposes the child in a remote, deserted place. The child survives somehow. A has still committed the offence under 109 BNS. You don’t need a weapon or physical violence. Any act done with murderous intent counts — even abandonment with lethal purpose.
Illustration C —
The Gun Purchase vs. The Trigger Pull: A buys a gun and loads it with the intention to kill Z. This alone is NOT sufficient to constitute an offence under Section 109 BNS. But the moment A fires that gun at Z — even if Z survives — the offence is committed. And if Z is wounded in the process, A faces the heavier punishment (life imprisonment). This illustration teaches us the crucial legal concept of the point of no return — when preparation becomes attempt.
Illustration D —
The Poison Plot: A buys poison intending to kill Z and mixes it with food. While the food is still in A’s keeping, no offence under Section 109 BNS has been committed yet. But the moment A places that food on Z’s table or delivers it to Z’s servants to serve Z — the offence is committed. Even if Z never eats the food. This distinction between preparation and attempt is philosophically important and legally decisive.
109 BNS in Hindi (धारा 109 BNS) — Understanding the Law in Your Language
For millions of Indians, legal literacy happens not in English courtrooms but in Hindi-medium discussions — at thanas, in adalats, and around family dining tables when something goes terribly wrong. That’s why 109 BNS in Hindi, also referred to as Dhara 109 BNS or Section 109 BNS in Hindi, is one of the most searched legal topics online.
In simple Hindi: धारा 109 BNS हत्या के प्रयास (attempt to murder) से संबंधित है। इस धारा के अंतर्गत, यदि कोई व्यक्ति किसी दूसरे की हत्या करने के इरादे से कोई कार्य करता है — चाहे वह हत्या सफल हो या न हो — तो वह दोषी माना जाएगा। यदि उस कार्य से पीड़ित को चोट पहुँचती है, तो आजीवन कारावास तक की सजा हो सकती है।
Similarly, 109 BNS in Tamil, 109 BNS in Telugu, 109 BNS in Kannada, and 109 BNS in Marathi all refer to the same powerful legal provision — the language of the people discussing it changes, but the law remains uniform across India. The BNS applies pan-India, from Kashmir to Kanyakumari, from Gujarat to Assam. Whether you call it Dhara 109 BNS in Rajasthan or discuss 109 BNS in Marathi in Maharashtra, the provision, its punishment, and its application are identical.
Why Section 109 BNS Matters: Crime Statistics and Social Context
Let’s zoom out for a moment. Why does a provision like Section 109 BNS exist and why is it so important?
According to the National Crime Records Bureau (NCRB) data, India recorded approximately 28,522 murder cases in 2023, a slight dip from previous years. However, cases involving attempted murder and grievous hurt remain significantly higher. The NCRB data consistently shows that violent crimes — including those that fall under the attempt-to-murder category — represent a substantial portion of India’s criminal landscape, particularly in states like Uttar Pradesh, Bihar, and Madhya Pradesh.
The legal system’s response to such violence is precisely what SEC 109 BNS is designed to address. By criminalizing intent in addition to action, the law sends a powerful deterrent message: getting caught in the act of trying to kill someone is enough to put you away for a decade or for life. This preventive philosophy is central to how modern criminal justice systems operate globally.
Conclusion
There you have it — a full, comprehensive, and hopefully not-too-boring deep dive into 109 BNS, one of the most important provisions in India’s revamped criminal justice system. From what it says, to what it means, to how it’s applied, to how it reads across languages — whether you’re looking up Section 109 BNS in Hindi, understanding Dhara 109 BNS, or trying to figure out 109 BNS Bailable or Not for a very real, very urgent situation — we hope this article gave you the clarity you needed.
The law, at its core, is not just about punishment. It’s about a social contract that says: we, as a civilised society, will not tolerate attempts to take human life — whether or not those attempts succeed. Section 109 BNS is the legal embodiment of that commitment. It is tough, it is non-negotiable, and it is very much in force across every corner of India.
Read more:
- THE BNS SECTION
- 144 BNSS in Hindi
- 302 धारा क्या है
- 281 BNS
- 352 BNS in Hindi
- 354 IPC in Hindi
- 351(3) BNS in Hindi
- 115(2) BNS in Hindi
- 333 BNS in Hindi
- 74 BNS in Hindi
Frequently Asked Questions
Q1. What is Section 109 BNS?
Section 109 BNS (Bharatiya Nyaya Sanhita, 2023) deals with the offence of Attempt to Murder. It punishes anyone who acts with the intention or knowledge that, if their act resulted in death, they would be guilty of murder — regardless of whether the victim actually dies.
Q2. What is the punishment under Section 109 BNS?
The Section 109 BNS Punishment is tiered: up to 10 years imprisonment + fine (if no hurt is caused); life imprisonment or up to 10 years + fine (if hurt is caused); death penalty or remainder-of-natural-life imprisonment (if the offender is already serving life imprisonment and causes hurt during the attempt).
Q3. Is 109 BNS Bailable or Non-Bailable?
109 BNS is Non-Bailable. The accused does not have an automatic right to bail and must apply before a Sessions Court judge who may grant or deny bail based on the facts of the case.
Q4. Is 109 BNS Cognizable or Non-Cognizable?
It is a Cognizable offence, which means police can arrest the accused without a warrant and investigate without prior court permission.
Q5. 109 BNS Triable by Which Court?
Section 109 BNS is triable by the Court of Session — a District-level higher court presided over by a Sessions Judge.
Q6. What is 109 BNS in IPC terms?
109 BNS is equivalent to Section 307 IPC (Indian Penal Code, 1860). The IPC was replaced by the BNS on 1st July 2024.
Q7. What is Dhara 109 BNS in Hindi?
Dhara 109 BNS (धारा 109 BNS) refers to the same provision — Attempt to Murder — as discussed under the Bharatiya Nyaya Sanhita, 2023. In Hindi legal discourse, it is also called Section 109 BNS in Hindi or 109 BNS Hindi.
Q8. Does 109 BNS apply even if no one is injured?
Yes, absolutely. Even if the victim is completely unharmed, a person can be convicted under 109 BNS if their intent was to murder and they committed an act in furtherance of that intent. Injury to the victim only increases the severity of punishment — it is not a prerequisite for the offence.
Q9. Can 109 BNS be compounded (settled out of court)?
No. Attempt to murder under Section 109 BNS is a non-compoundable offence, meaning it cannot be settled or withdrawn by the parties involved. Only the court can decide the outcome.
Q10. Is 109 BNS applicable to the whole of India?
Yes. The Bharatiya Nyaya Sanhita, 2023 — and therefore 109 BNS — applies to the entire territory of India, including all states and union territories. Whether you’re discussing 109 BNS in Tamil Nadu, 109 BNS in Kannada-speaking Karnataka, 109 BNS in Telugu-speaking Andhra and Telangana, or 109 BNS in Marathi-speaking Maharashtra, the law is the same everywhere.
Explore more blogs at: Iconichonors.com
