307 vs 109

Section 307 IPC / BNS 109 punishes the moral culpability of attempted murder at the point of the dangerous act — not at the fortuitous outcome of whether the victim survived. A person who fires at someone's head and misses is equally culpable as one who hits; only luck differentiates outcomes. The law therefore applies the same mental state test as murder (BNS 103): would the act, if it caused death, have constituted murder? If yes, the attempt attracts BNS 109. The two-tier structure is unique and significant: causing no hurt results in up to 10 years, but causing any hurt — even a minor scratch — escalates the maximum to life imprisonment. This seemingly harsh rule reflects the legislature's judgment that once actual harm materialises, the full weight of near-murder consequences applies. Courts have upheld convictions under Section 307 even where the accused completely missed the target, provided the murderous intent and physical capability are proved. Section 307/BNS 109 is routinely charged in acid attacks, gang conflicts, and domestic violence cases where the victim survives.