IPC 307 vs BNS 109: Attempt to Murder — Complete Comparison (2024)

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 (Section 302/BNS 103): would the act, if it caused death, have constituted murder? If yes, the attempt attracts Section 307/BNS 109. The two-tier structure is unique: causing no hurt results in up to 10 years, but causing any hurt — even a minor scratch — escalates the maximum to life imprisonment. Courts have upheld convictions under Section 307 even where the accused completely missed the target, provided the murderous intent and capability are proved.