Section 307 IPC Is Now BNS 109: Attempt to Murder

1. Take medical and legal steps immediately

After a violent incident, move to safety and obtain medical treatment without waiting to settle the legal label. Tell the treating doctor accurately how the injury occurred. Preserve discharge papers, prescriptions, photographs and details of witnesses. Report ongoing threats to police and avoid any meeting that could expose you to further violence.

If accused, obtain legal advice promptly and preserve your own records, including location information, messages and medical documents. Do not approach the complainant to demand withdrawal or ask witnesses to align their accounts. If police call, ask for the officer’s details and the purpose of the communication, then respond lawfully.

Whether the case should involve attempt to murder depends on evidence. Neither a complainant’s preferred section nor an accused person’s description of a minor quarrel settles that question.

2. The new provision and the changeover date

BNS section 109 [IPC section 307] addresses attempt to murder. Broadly, it concerns an act done with the intention or knowledge, and in circumstances, that would make the person guilty of murder if death resulted. The prosecution must establish more than a bare accusation that the conduct was dangerous.

The BNS applies from 1 July 2024, subject to notified exceptions. Offences committed before that date remain governed by the IPC. Older investigations and proceedings also involve saving provisions governing procedure and evidence. A lawyer should check the incident date and case history rather than simply replace the section on every document.

The difference between preparation and an attempt can also matter. Threatening words, obtaining an object and actually using it may raise different questions. The alleged acts must be examined in their complete factual setting.

Need help with this? Read our guide to Anticipatory Bail under Section 482 BNSS.

3. Why intention matters more than the injury label

Courts infer intention or knowledge from circumstances because a person’s state of mind is rarely proved by direct admission. Relevant facts can include the weapon, force, body part targeted, repeated acts, statements before or during the incident, prior events and the way the encounter unfolded. No single factor automatically decides every case.

In State of Madhya Pradesh v. Saleem (2005), the Supreme Court explained that a bodily injury capable of causing death is not essential for an attempt-to-murder conviction. The act, intention and surrounding circumstances remain central. This means the absence of a fatal injury does not by itself defeat the allegation.

The reverse is equally important: a serious injury does not eliminate the need to prove the required mental element. Medical evidence is significant, but the court must assess it alongside other reliable evidence.

4. Punishment and the role of hurt

Under BNS section 109(1) [IPC section 307], the ordinary punishment can extend to ten years and includes liability to fine. If hurt is caused by the act, the provision permits imprisonment for life or the punishment otherwise specified. These are statutory sentencing possibilities, not predictions of the sentence in an individual case.

BNS section 109(2) [the life-convict situation addressed in IPC section 307] contains an enhanced rule where the offender is already under a sentence of life imprisonment and hurt is caused. Its special consequences should not be confused with the ordinary sentencing range for every accused person.

The precise charge, findings at trial and sentencing circumstances matter. A lawyer should explain both the maximum exposure and the evidence supporting the alleged offence. Advice based only on a hospital description such as simple or grievous injury is incomplete.

5. Bail and arrest: what the family should understand

Attempt to murder is cognizable, non-bailable and triable by a Court of Session. Non-bailable does not prohibit bail; it means that bail is not available as an automatic entitlement merely on offering sureties. Courts consider the alleged role, evidence, seriousness, risk of absconding, witness safety and other relevant circumstances.

Anticipatory bail falls under BNSS section 482 [CrPC section 438]. Sessions Court and High Court powers concerning regular bail are in BNSS section 483 [CrPC section 439]. A pre-arrest application and an application after arrest serve different situations. Filing either does not itself create protection unless the court grants it.

Do not assume that appearance-notice safeguards applicable to offences punishable up to seven years automatically apply to this higher-punishment offence. Arrest must nevertheless be lawful, and the accused retains constitutional protections and access to counsel.

6. Evidence that can affect the charge

Useful evidence may include the earliest complaint, medical examination, injury photographs, original video, scene details, weapon recovery and independent witnesses. Timing matters: camera systems may overwrite footage quickly. Give investigators a written preservation request identifying the location and approximate time rather than trying to obtain material through threats or unauthorised access.

If both sides were injured, preserve records for everyone without assuming that a cross-complaint automatically cancels the first case. Self-defence requires assessment of necessity, proportionality and the actual circumstances. It is not established merely because the accused also suffered an injury.

Electronic outputs may engage BSA section 63 [Evidence Act section 65B], depending on the applicable evidence framework. Keep original files and devices where possible. Editing a recording to remove inconvenient context can undermine both credibility and evidentiary usefulness.

7. Settlement, lesser charges and lawful next steps

Attempt to murder is not a compoundable offence. A private agreement does not automatically terminate the prosecution. In State of Madhya Pradesh v. Laxmi Narayan (2019), the Supreme Court discussed limits on quashing serious cases following settlement, including the need to examine whether an attempt-to-murder allegation is supported by the material.

A court may need to consider injuries, weapons and the stage of proceedings rather than accept a section label at face value. This is not a general permission to purchase a withdrawal. Any request for quashing or a lesser charge must be made through lawful proceedings on a properly supported record.

Complainants should report intimidation, and accused persons should obey court conditions and police directions. Both sides should retain complete records and avoid public accusations that could inflame the dispute or affect witnesses. Legal-aid eligibility can be checked with the District Legal Services Authority.

Can attempt to murder be proved when a shot misses?

A person allegedly aims a loaded firearm at another person’s chest and fires, but the intended victim moves and escapes injury. If the act and murderous intention are proved, the absence of a wound does not exclude BNS section 109 [IPC section 307]. Compare that with finding a weapon in someone’s possession after an angry exchange, without proof of an act amounting to an attempt. The prosecution must connect the accused to the act and establish its legal character; possession, hostility and opportunity are not interchangeable with proof of attempted killing.

Now suppose a bottle breaks during a crowded confrontation and someone suffers a severe cut. The seriousness of treatment cannot, on its own, identify the attacker or establish murderous intention. Investigators should examine whether the blow was deliberate, where it was directed, what witnesses actually saw and whether footage captures the complete event. These contrasting examples explain why arguments should separate identity, conduct and mental element. A strong case on one issue does not automatically fill an evidentiary gap on another, and neither scenario has a predetermined outcome without tested evidence.

What changes if the injured person dies later?

If an injured person later dies, investigators may consider a homicide charge, but death does not mechanically convert every earlier allegation into murder. The prosecution must establish a causal connection between the alleged attack and death, as well as the mental element required by the relevant offence. Treatment records, intervening events and medical opinion become particularly important. Relatives should preserve the complete hospital history, including referrals and subsequent admissions, rather than only the first injury report. The defence is entitled to examine the same records and challenge unsupported causal assumptions.

A charge can be altered through the lawful court process when the evidentiary position changes. That does not remove the accused person’s right to understand the accusation and receive a fair opportunity to answer it. Where a changed charge affects the defence, counsel should consider whether further preparation or recall of a witness is necessary. The victim’s family should likewise ask what fresh medical material has reached investigators. Updating the legal classification is a procedural step, not a substitute for proving why the later death is attributable to the alleged act.