Section 109 in THE BHARATIYA NYAYA SANHITA, 2023 – BNS

Attempt to
murder

109. (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.