Difference Between Murder and Attempt to Murder: BNS Sections 101, 103 and 109
Quick answer: Murder (BNS Section 101, old IPC 300) requires that a person is killed with the intention or knowledge needed by law; its punishment is death or life imprisonment (BNS 103, old IPC 302). Attempt to murder (BNS 109, old IPC 307) applies when someone acts with that intention or knowledge but the victim survives; punishment is up to 10 years, and life imprisonment if hurt is caused in certain cases.
Key differences
| Point | Murder | Attempt to murder |
|---|---|---|
| Death | Victim dies | Victim survives |
| New section | BNS 101 (offence), 103 (punishment) | BNS 109 |
| Old section | IPC 300, 302 | IPC 307 |
| Mental element | Intention to kill or cause fatal injury, or knowledge that death is the probable result | Same intention or knowledge, with an act towards it |
| Punishment | Death or imprisonment for life, and fine | Up to 10 years and fine; if hurt is caused, up to life imprisonment in the cases described in the section |
| Bail | Hard to obtain | Possible, depending on injuries and facts |
| Trial court | Court of Session | Court of Session |
What makes an act "murder"?
Culpable homicide (BNS 100, old IPC 299) becomes murder when it is done with the intention of causing death, or of causing bodily injury the offender knows is likely to cause death, or injury sufficient in the ordinary course of nature to cause death, or with knowledge that the act is so imminently dangerous that it must in all probability cause death. Exceptions reduce murder to culpable homicide not amounting to murder (BNS 105), such as grave and sudden provocation or exercise of the right of private defence in excess.
What makes an act "attempt to murder"?
The prosecution must show an intention or knowledge such that, had death resulted, the offence would have been murder, and an act done towards it. It is not necessary that a fatal injury is caused. Courts look at the weapon used, the part of the body targeted, the number and nature of injuries, and the words and conduct of the accused. Medical evidence and the injury report are important. If the injury is minor and there is no clear intention, the charge may be reduced to hurt or grievous hurt.
Defences and bail
Common defences are private defence, absence of intention, sudden fight, false implication, and doubts in the prosecution case. Bail in an attempt to murder case depends on the injuries, the role of the accused, the antecedents and the stage of the case; see anticipatory bail in Delhi and bailable vs non-bailable offences. In both cases the accused should speak to a lawyer before giving any statement. See what to do if an FIR is filed against you.
Our criminal lawyers in Delhi and Supreme Court lawyers defend serious offences.
Frequently asked questions
What is the punishment for attempt to murder?
Imprisonment up to 10 years and fine, and in specified circumstances where hurt is caused, up to life imprisonment, under BNS 109.
Is attempt to murder bailable?
It is non-bailable, but bail can be granted by the court depending on the facts.
What was Section 307 IPC in BNS?
Section 109 BNS.
Can a murder charge be reduced?
Yes, to culpable homicide not amounting to murder if exceptions apply, such as sudden provocation.
Which court tries murder?
The Court of Session after committal by the Magistrate.
Related guides
- Bailable vs non-bailable offences
- Anticipatory bail in Delhi
- Step-by-step guide to criminal cases in Delhi
- What to do if an FIR is filed against you
Where we can help
- Criminal lawyer in Delhi
- Criminal lawyer in Tis Hazari
- Supreme Court criminal lawyer
- Book an appointment
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Call +91-98680 84425Book an appointmentThis page is general legal information for readers in India, not legal advice, and no lawyer-client relationship is created by reading it. Laws and court practice change, so confirm the current position with a qualified advocate before acting. AM Legal, 2589 Hudson Lane, GTB Nagar, Delhi 110009.