Section 109 Attempt to murder – Bharatiya Nyaya Sanhita (New IPC Law)
(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.
New law replacing IPC section on Attempt to murder is defined by Section 109 of Bharatiya Nyaya Sanhita (BNS PDF Download):
Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), Bharatiya Sakshya Adhiniyam (BSA) applicaple on cases on or after 1st July 2024, while the cases registered before 1st July 2024 will be decided and judged on the basis of Indian Penal Code (IPC), Criminal Procedure Code (CrPC) and Indian Evidence Act (IEA). Bharatiya Nyaya Sanhita an Act to consolidate and amend the provisions relating to offences and for matters connected therewith or incidental thereto, Full Bharatiya Nyaya Sanhita (New Law Replacing IPC) PDF Download.
Illustrations.
(a) A shoots at Z with intention to kill him, under such circumstances that, if death ensued, A would be guilty of murder. A is liable to punishment under this section.
(b) A, with the intention of causing the death of a child of tender years, exposes it in a desert place. A has committed the offence defined by this section, though the death of the
child does not ensue.
(c) A, intending to murder Z, buys a gun and loads it. A has not yet committed the offence. A fires the gun at Z. He has committed the offence defined in this section, and, if by such firing he wounds Z, he is liable to the punishment provided by the latter part of sub-section (1).
(d) A, intending to murder Z by poison, purchases poison and mixes the same with food which remains in A’s keeping; A has not yet committed the offence defined in this
section. A places the food on Z’s table or delivers it to Z’s servants to place it on Z’s table. A has committed the offence defined in this section
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