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BNS Section 109: Understanding Attempt to Murder Under Bharatiya Nyaya Sanhita 2023
The Bharatiya Nyaya Sanhita 2023 (BNS) has replaced the Indian Penal Code (IPC), with Section 109 corresponding to the erstwhile Section 307 IPC on attempt to murder. This grave offense involves acts done with the intention or knowledge that, if death were caused, it would amount to murder. But what exactly constitutes an attempt to murder under BNS s 109? When is bail granted or denied? How are charges framed? This post breaks down recent judicial interpretations to provide clarity. Note: This is general information based on case law, not specific legal advice. Consult a lawyer for your situation.
What is Attempt to Murder Under BNS Section 109?
BNS Section 109 punishes whoever does any act with such intention or knowledge, and under such circumstances that, if he by such act caused death, he would be guilty of murder. Punishment can extend to life imprisonment or up to 10 years, depending on the case. Importantly, no bodily injury to the victim is required – the focus is on mens rea (guilty mind) coupled with actus reus (guilty act).Amit Rana @ Koka VS State of Haryana
Key ingredients typically include:
- Intention or knowledge to cause death.
- An overt act that would likely cause death in normal circumstances.
- Something beyond the accused's control prevents death.Raju VS State of Uttarakhand - 2024 7 Supreme 101
Courts emphasize that nature of injuries is not decisive. Even simple injuries can attract s 109 if intent is clear from weapons used or circumstances.Vivek @ Vicky VS State of Madhya Pradesh
Transition from IPC 307 to BNS 109
Most cases now reference BNS equivalents, but principles from IPC 307 remain guiding. For instance, conviction requires intent coupled with overt act, not mere preparation. In one Supreme Court ruling, acquittal was restored due to weak prosecution evidence, glaring inconsistencies, and absent eyewitnesses.Raju VS State of Uttarakhand - 2024 7 Supreme 101
Framing of Charges Under BNS Section 109
At the charge-framing stage, courts assess if there's a prima facie case based on records and medical evidence. Detailed trial evidence isn't probed yet.Sagar @ Sagar Mavi vs State of Haryana - 2025 Supreme(P&H) 1582
- Upholding Charges: In a workplace dispute case, charges under s 109(1) were upheld due to fractures and grievous hurt from pre-planned assault. Petitioners' innocence claims were premature.Sagar @ Sagar Mavi vs State of Haryana - 2025 Supreme(P&H) 1582
- Denial of Charges: If foundational facts like direct firing at victim or ransom demand are absent, s 109 charges are set aside. Firing at a shop without targeting a person didn't qualify.Jakir Kha @ Jakir Hussein VS State of Rajasthan
- Intent from Context: Assault on public servants with weapons showed reckless intent, justifying charges despite arguments on injury nature.MANISH KERVAR AND OTHERS vs THE STATE OF MADHYA PRADESH - 2025 Supreme(Online)(MP) 4814
Courts sift materials under BNSS s 250 (old CrPC s 227) to check if grounds exist to proceed, focusing on intention and injury nature.Kanha vs The State Of Madhya Pradesh - 2025 Supreme(Online)(MP) 2818
Bail in Attempt to Murder Cases (BNS s 109)
Bail decisions hinge on offense gravity, evidence, accused's antecedents, and investigation stage. Anticipatory and regular bail are often denied in serious cases.Hem Raj vs State of Himachal Pradesh - 2025 Supreme(HP) 688
When Bail is Denied
- Serious Allegations: Pre-arrest bail rejected for sharp weapon attack causing grievous injuries, plus prior convictions (e.g., sexual assault). It's an extraordinary remedy, granted sparingly.Hem Raj vs State of Himachal Pradesh - 2025 Supreme(HP) 688
- Risk Factors: Bail denied under BNSS s 439 (old CrPC s 439) in attempted murder over money dispute, citing violent conduct and society risk.Tarsem S/o Dungar Ram VS State Of Rajasthan, Through Pp - 2024 Supreme(Raj) 805
- Ongoing Probe: Anticipatory bail dismissed for unlawful assembly assault with intent to murder; petitioner was main instigator. Granting bail hampers investigation.C.H. Sali S/o Hassankutty vs State of Kerala - 2025 Supreme(Ker) 1536
- Criminal History: Assault with beer bottle causing head injuries, plus priors, led to bail denial due to witness tampering fears.Guvala Gopi vs State of Telangana - 2025 Supreme(Telangana) 135
When Bail is Granted
- No Specific Overt Acts: Anticipatory bail allowed to businessman under ss 132, 109, 190 BNS; no direct role despite grave charges, matching co-accused's bail.MANJUNATH S/O. BASAPPA UPPAR v/s STATE OF KARNATAKA - 2025 Supreme(Online)(KAR) 746
- Weak Evidence: Proceedings quashed for insufficient proof of s 109 intent in altercation injuries.GULAM AHAMMAD RAJA vs STATE OF KERALA - 2025 Supreme(Online)(Ker) 31542
- Background Factors: 19-year-old student got anticipatory bail; injuries not grievous, delayed complaint suggested false implication, no priors.BASAVARAJ S/O SHIVANAND TIRLAPUR v/s STATE OF KARNATAKA - 2025 Supreme(Online)(KAR) 3360
Quote: Pre-arrest bail is an extraordinary remedy that should be granted only in exceptional circumstances.Hem Raj vs State of Himachal Pradesh - 2025 Supreme(HP) 688
Special Contexts: KCOCA and Police Involvement
KCOCA (Karnataka Control of Organised Crime Act) invocation with s 109 requires continuing unlawful activity and syndicate links. Writ set aside approval lacking material or application of mind.B.A. Basavaraja, S/o. Late Anjinappa vs State Of Karnataka Represented By Its Secretary Department Of Home - 2025 Supreme(Kar) 1792
In police-accused murder/attempt cases, CBI probe ordered for impartiality: Justice must not only be done but must appear to be done.Rana Rahul Ranjan, son of Ashok Singh vs State of Bihar through the Chief Secretary - 2025 Supreme(Pat) 748
Quashing Proceedings and Appeals
Courts quash under BNSS s 528 (old CrPC s 482) if s 109 is rote-invoked without evidence, especially post-settlement (though non-compoundable). No pellets recovered, police disbelieved story – proceedings quashed.Naushey Ali VS State of U. P. - 2025 2 Supreme 397
Appeals against acquittal succeed if trial court perversely ignored evidence; High Court reversals need strong grounds. Delay in FIR forwarding isn't fatal if investigation earnest.Rama Devi VS The State of Bihar - 2024 7 Supreme 449
Appellate Sentencing: Max 10 years RI under s 307 IPC/BNS 109 (life avoided); 14 years reduced to 10. Appellate courts can't exceed trial maxima.Amit Rana @ Koka VS State of Haryana Ganesan VS State of Tamil Nadu Rep. by Inspector of Police - 2025 2 Supreme 760
Key Takeaways
- Prove Intent: Weapons, attack nature, and context infer mens rea; injuries secondary.
- Bail Cautious: Denied for gravity, priors, tampering risk; granted if weak links or no role.
- Charges Prima Facie: Enough for framing; full merits at trial.
- New Laws Align: BNS 109 mirrors IPC 307 principles seamlessly.
Recent 2025 cases show courts balancing rights with public safety. For instance, FIRs under ss 108, 109 BNS for murders/attempts emphasize timely probes.KIRAN NEGI vs THE STATE OF HP AND OTHERS - 2025 Supreme(Online)(HP) 3317
Disclaimer: Legal outcomes vary by facts. This analysis draws from judgments like B.A. Basavaraja, S/o. Late Anjinappa vs State Of Karnataka Represented By Its Secretary Department Of Home - 2025 Supreme(Kar) 1792, Tarsem S/o Dungar Ram VS State Of Rajasthan, Through Pp - 2024 Supreme(Raj) 805, Hem Raj vs State of Himachal Pradesh - 2025 Supreme(HP) 688, Kanha vs The State Of Madhya Pradesh - 2025 Supreme(Online)(MP) 2818, Sagar @ Sagar Mavi vs State of Haryana - 2025 Supreme(P&H) 1582, C.H. Sali S/o Hassankutty vs State of Kerala - 2025 Supreme(Ker) 1536, Raju VS State of Uttarakhand - 2024 7 Supreme 101, Amit Rana @ Koka VS State of Haryana, Vivek @ Vicky VS State of Madhya Pradesh, Naushey Ali VS State of U. P. - 2025 2 Supreme 397, Rama Devi VS The State of Bihar - 2024 7 Supreme 449, Rana Rahul Ranjan, son of Ashok Singh vs State of Bihar through the Chief Secretary - 2025 Supreme(Pat) 748, GULAM AHAMMAD RAJA vs STATE OF KERALA - 2025 Supreme(Online)(Ker) 31542, Guvala Gopi vs State of Telangana - 2025 Supreme(Telangana) 135, MANJUNATH S/O. BASAPPA UPPAR v/s STATE OF KARNATAKA - 2025 Supreme(Online)(KAR) 746, MANISH KERVAR AND OTHERS vs THE STATE OF MADHYA PRADESH - 2025 Supreme(Online)(MP) 4814, BASAVARAJ S/O SHIVANAND TIRLAPUR v/s STATE OF KARNATAKA - 2025 Supreme(Online)(KAR) 3360. Always seek professional advice.
Stay informed on evolving BNS jurisprudence – justice evolves with every ruling.
Search Results for "BNS Section 109: Attempt to Murder Explained (IPC 307)"
2025 0 Supreme(Kar) 1792 • India - IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.SUNIL DUTT YADAV
(A) Karnataka Control of Organised Crime Act, 2000 (KCOCA) - Sections 2(1)(d), 2(1)(e), 24(1)(a) - Writ petition challenging the ... that the approval was granted without sufficient material indicating 'Continuing Unlawful Activity' or the necessary connection to ... (Paras 13-31) ... ... (C) Anticipatory bail - Application rejected with a note on the gravity ... The deceased, Sri Shivaprakash @ Shiva S/o Gajendra and as regards to his murder, FIR having been regist....
2025 Supreme(Online)(HP) 3317 • India - IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE AJAY MOHAN GOEL
FIR No.9/2025 dated 19.03.2025, was registered under Section 108 read with Section 3(5) of the Bhartiya Nyaya Sanhita, 2023. ... play or murder. ... dated 19.03.2025 under Section 108, 3(5) of Bhartiya Nyay Sanhita registered at Police Station New Shimla District Shimla (HP) to
2024 0 Supreme(Raj) 805 • India - Rajasthan
RAJENDRA PRAKASH SONI
the serious nature of the charges, including attempted murder, and the prima facie evidence of violent conduct. ... to kill or cause severe harm. ... BAIL - CRIMINAL PROCEDURE - The court denied bail under Section 439 of the Code of Criminal Procedure, emphasizing ... Petitioners are facing serious charges like attempted murder. ... District Sriganganagar in respect of offence(s) punishable under Section(....
2025 0 Supreme(HP) 688 • India - IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE RAKESH KAINTHLA
(A) Bhartiya Nyaya Sanhita, 2023 - Sections 115(2), 118(1), 126(2), 351(2), 109(2) - Pre-arrest bail - The petitioner sought pre-arrest ... href="#15">15) ... ... Facts of the case: ... The petitioner was accused of attacking a victim with a sharp weapon, leading to ... that pre-arrest bail is an extraordinary remedy that should be granted only in exceptional circumstances, emphasizing the need to ... 115(2), 118(1), 126(2) and 351 (2) of the #HL_S....
2025 0 Supreme(Telangana) 701 • India - IN THE HIGH COURT OF TELANGANA
K.LAKSHMAN, P.SREE SUDHA
, 474 r/w 109 of IPC, Sec.3 of Explosive Substances Act (for short ES Act), Sec.5 of ES Act, Sec.3 of ES Act r/w 34 IPC, Sec.14 of ... to imprisonment for life, inter alia, for the rape of a pregnant lady, attempted murder and the murder of her mother-in-law with ... , 474 r/w 109, Sec.3 of ....
2025 0 Supreme(P&H) 1582 • India - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUMEET GOEL
invoke Section 109 of BNS, 2023, and if the framing of charges by the lower court was justified. ... (A) Bharatiya Nyaya Sanhita, 2023 - Sections 109(1), 61(2), 126(2), 115(2) with Section 190, 117(2) with Section 190, 140(3) with ... support framing of charges under Section 109, and a prima facie case was established, rejecting the petitioners....
2024 7 Supreme 101 • India - Supreme Court
SURYA KANT, DIPANKAR DATTA, UJJAL BHUYAN
(A) Indian Penal Code, 1860 – Section 307 [Bharatiya Nyaya Sanhita, 2023 – Section 109] – Attempt to murder ... , 1860 and sentenced to undergo seven years of rigorous imprisonment, along with a fine of Rs. 1000/-. ... – Reversal of acquittal by High Court – Conviction under Section 307 of #....
• India - Supreme Court
C. T. RAVIKUMAR, RAJESH BINDAL
Indian Penal Code, 1860 – Section 307 read with Section 34 – [Bharatiya Nyaya Sanhita, 2023 – Section 109 ... offence punishable as an attempt to murder under Section 307, IPC – Since High Court had not gone into the question as to how imprisonment ... read with Section 3(5)] – Attempt to #H....
• India - Crimes
GAJENDRA SINGH
Suraksha Sanhita, 2023 – Section 250 [Section 227 of Cr.P.C.] – Attempt to murder and criminal intimidation – Framing of charge ... Bharatiya Nyaya Sanhita, 2023 – Sections 109(1) and 351(3) [Sections 307 and 506 of IPC] – Bharatiya Nagarik ... punishable under Section 307 of IPC – Nature of....
2025 2 Supreme 397 • India - Supreme Court
K. V. VISWANATHAN, S. V. N. BHATTI
Code, 1973 – Sections 320 and 482 [Bharatiya Nagarik Suraksha Sanhita, 2023 – Sections 359 and 528] – Attempt to murder – Compounding ... Indian Penal Code, 1860 – Section 307 [Bharatiya Nyaya Sanhita, 2023 – Section 109] – Criminal Procedure ... approach – It would be open for court to examine as to whether incorporation of Section#H....
2026 Supreme(Online)(P&H) 3329 • India - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Applicant’s grievance is against the charges framed under Section 109 BNS (corresponds to Section 307 IPC) i.e. attempt to murder. Section 100 of BNS 2023 defines culpable homicide and Section 101 BNS defines the situation in which culpable homicide amounts to murder. ... hurt or attempt to cause culpable homicide punishable under Section 109 BNS 2023. ... Thus....
2026 Supreme(Online)(Tel) 2566 • India - IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SMT JUSTICE TIRUMALA DEVI EADA
Learned Additional Public Prosecutor has opposed submitting that the contents of the complaint itself disclose the offence of attempt to murder and that the investigation is still in progress and that the prosecution could collect the medical certificate of the de facto complainant, which discloses grievous ... Learned counsel for the petitioner has submitted that there are no ingredients to attract the offence under Section 109 IPC against the petitioner in this case and that all the other offences are punishable with l....
2025 0 Supreme(Telangana) 135 • India - IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
Narsing Rao Nandikonda,
/law/IND_KER_A848_2016">BNSS ’) seeking bail to the petitioner/accused in Crime No. 284 of 2025 on the file of the Police Station Madhura Nagar, Hyderabad registered for the offences punishable under Section 109 of the Bharatiya Nyaya Sanhitha, 2023 (for short ‘BNS’). ... It is a clear case of attempt to commit murder and that if the petitioner is enlarged on bail, there is every chance to interfere with the investigation and also influence the witnesses. Hence, prayed to dismiss the petition. ... Learn....
2025 Supreme(Online)(KAR) 746 • India - High Court of Karnataka
MR. JUSTICE RAVI V.HOSMANI, J
under Sections 132 , 109 and 190 of Bharatiya Nyaya Sanhita, 2023 (‘BNS’ for short) by accused no.1 (petitioner). ... Offences alleged against petitioner are obstruction of public servant from performing duty under Section 132 of BNS punishable with imprisonment upto 2 years; attempt to murder under Section 109 of BNS punishable with imprisonment from 10 years upto ... At outset it was submitted, offences alleged against petitioner....
2025 Supreme(Online)(MP) 4814 • India - High Court of Madhya Pradesh
GAJENDRA SINGH, J
r/w section 3(5), 115 (2) r/w section 3(5), 132, 351 (3) of the BNS, 2023 against the revision petitioner no.2 Om Prakash Kervar and charges under sections 296, 109, 132, 351(3) of BNS, 2023 against revision petitioner no.1 Manish Kervar. ... Section 307 of IPC reads as under :Signature Not Verified Signed by: HARIKUMAR307. Attempt to murder. ... dated 03.06.2025 in S.C.No.777/2025 by A.S.J, Nagda, district Ujjain whereby charges under sections 296, ....
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