● Modified in BNS
Attempt to murder -- an act done with the intention or knowledge that would make the offender guilty of murder if death resulted -- is punished under BNS Section 109, which retains the same punishment structure as IPC Section 307.
Section 307 IPC punished attempt to murder: an act done with such intention or knowledge that, if death were caused, the offender would be guilty of murder — imprisonment up to 10 years and fine; if hurt is caused, imprisonment for life becomes available; an attempt by a life convict in which hurt is caused could attract the death penalty.
BNS Section 109 retains the structure and punishments: up to 10 years and fine; life imprisonment where hurt is caused; and for life convicts causing hurt, death or life imprisonment for the remainder of natural life.
Substantially retained; renumbered to BNS 109, with the life-convict limb expressed as imprisonment for the remainder of natural life.
Imprisonment up to 10 years, and fine; imprisonment for life where hurt is caused to any person; where a person under a life sentence attempts murder and causes hurt, death or imprisonment for the remainder of natural life..
IPC 307 is non-bailable..
This is a cognizable. offence.
Non-compoundable..
Matters under IPC 307 are tried before the Court of Session..
Common defences include absence of the specific intention or knowledge required for murder (as distinct from a lesser intention to cause hurt), voluntary abandonment before any act towards the offence, and private defence.
Summaries are for general information and are not legal advice. For the authoritative bare-act text, see the official Bharatiya Nyaya Sanhita, 2023 and Indian Penal Code, 1860 (full amended text, as it stood before repeal) on India Code, or the Ministry of Home Affairs' new criminal laws page. ← All comparisons