INDIAN PENAL CODE, 1860
BHARATIYA NYAYA SANHITA, 2023
307. Attempt to murder
109. Attempt to murder.
changed or removed in old law
changed or added in new law
Similar wording stays plain; only differences are highlighted.
INDIAN PENAL CODE, 1860
307. Attempt to murder.--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
1*[imprisonment for life], or to such punishment as is hereinbefore
mentioned.
Attempts by life-convicts.
Attempts by life-convicts.-2*[When any person offending under
this section is under sentence of 1*[imprisonment for life], he
may, if hurt is caused, be punished with death.]
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
3*[the first paragraph of] this section.
(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 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.
Repealed / historical reference India Code — IPC 1860
BHARATIYA NYAYA SANHITA, 2023
109. Attempt to murder.—(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.
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.
Current law India Code — BNS 2023