Criminal LawSection 109, Bharatiya Nyaya Sanhita, 2023

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.

Reviewed by LegalX Editorial · 3 September 2026View source

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