BNS Section 109
What punishment can I face if I attempt to kill someone but they survive?
Short answer
You may be imprisoned for up to ten years and fined; if you hurt someone, you could face life imprisonment or death if already serving a life sentence.
In detail
Attempt to murder means doing something with the intention or knowledge that if it caused death, it would be murder. The law says you can be jailed for up to ten years and fined. If your act also hurts someone, you could face life imprisonment or, if you’re already serving a life sentence, the court may add a death penalty or keep you in prison for the rest of your life. The section gives examples: shooting at a person with intent to kill, exposing a child to danger with intent to kill, buying a gun and firing it, or mixing poison in food. In each case, even if the person doesn’t die, the act is still an attempt to murder and is punishable under this section. The punishment is the same whether the victim dies or not; the key factor is the intent and the circumstances that would make it murder if death occurred. The law also says that if you are already serving a life sentence for another crime and you commit an attempt to murder that causes hurt, the court can impose the death penalty or keep you in prison for the rest of your natural life.
Related questions
What actions are defined as 'hurt' under the Bharatiya Nyaya Sanhita?
Hurt means causing bodily pain, disease, or infirmity to any person.
Can a husband be forced to financially support his wife, children, or parents if he refuses?
Yes, a magistrate can order him to pay a monthly allowance and enforce it with fines or up to one month in jail.
If I accidentally hurt a consenting adult during a game, can I be criminally liable?
No, you are not criminally liable if the act was not intended to cause death or serious injury and the adult gave consent.
Can I defend myself even if it might harm a child nearby?
Yes, the law permits you to use private defence even if it risks harming an innocent person during a deadly assault.
People also ask
- Can I be charged with murder if the person survives?
- What is the difference between attempt to murder and murder?
- What happens if I only intend to kill a child?
Not legal advice. This is general legal information, not legal advice. Laws change and every case turns on its own facts — speak to a lawyer about your situation.