Section 109: Attempt to Murder - Punishment and Bail Procedure
Updated on March 22, 2025 09:20:39 AM
Section 109 of the BNS defines the offence related to the attempt to murder, which was previously covered under Section 349 of the Indian Penal Code. When a person intentionally tries to kill someone unlawfully, comes under the attempt to murder. These acts could involve the intentional use of poison, weapons, or any other weapon to cause death. It is a punishable offence for which the offender can get harsh punishment.
However, the claim of an attempt to murder is just a claim until it is proven in court via a legal procedure. During the trial, the accused can get bail with a promise to appear. In this article we will go through a comprehensive understanding of this criminal offence (attempt to murder), its punishment and the legal procedure of the Bail.
Here, is an overview of Clause 109 of BNS given below:
Offence
Attempt to Murder
Clause under BNS
Clause 109
Bail
Non-Bailable
Nature of Offence
Cognizable
Penalties and Punishments
Imprisonment for life or 10 years, Fine or Both
Triable
Any Magistrate
Defining the Offence and Punishment under Clause 109
Clause 109 of BNS clearly defines that - “(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.”
Bail Provision for the Offence under Clause 109
Here, the complete stepwise procedure of Bail is given below:
Step 1: Seeking Legal Professional help
It is essential to seek legal help from an experienced lawyer in Criminal law, who provides complete guidance on the process of bail. The lawyer also helps to prepare the application and representation during the court hearing.
Step 2: Application Filing
On your behalf, the lawyer files an application of bail to the magistrate or session court having jurisdiction over the case. This application must contain the below-mentioned points:
Accused Details ( ex - Name, Address & Occupation)
Nature of Offense
Date of Custody or Bail
Grounds of Bail
Sureties (if applicable) or Guarantees.
Step 3: Hearing on Bail Application
After getting the bail application, the court sends a notice to the prosecution to present their arguments if they have. During the hearing, the judge carefully examines the seriousness of the offence, the evidence against the accused and the chances of them fleeing or tampering with the evidence and victims. It's a delicate balancing act in which all parties get a chance before the court makes a final judgement.
Step 4: Grant of Bail or Denied
If necessary, your lawyer can represent you in court to make arguments and plead for your release regarding the bail. Bail will be granted or denied by the court based on the severity of the crime, evidence, character, and public interest.
The accused is released under conditions such as bond payment, police check-ins, and travel restrictions if granted. To ensure proper representation and compliance with legal protocols, obtaining legal guidance is crucial throughout this procedure.
How can “Litem Legalis” help you?
Bail provision can be complex, but our dedicated legal team is here to guide you. “Litem Legalis” specialises in obtaining favourable bail outcomes for its clients, utilising our deep understanding of the law. We ensure the best possible outcome for you by drafting compelling bail applications and advocating in court. Trust us to provide personalised, strategic, and effective legal assistance tailored to your unique situation. Your freedom matters, and we are here to safeguard your rights every step of the way."
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Conclusion
The seriousness of attempted murder is embodied in Clause 109 of BNS, which stipulates harsh penalties to dissuade such horrible deeds. Holding offenders responsible for their acts guarantees that justice is done. Furthermore, the bail process described in this section carefully balances the rights of the accused with the needs of the community. Clause 109, a fundamental component of criminal law, serves as a wall against impunity and a reminder of the value of protecting the rule of law while pursuing justice.
Frequently Asked Questions (FAQs)
What is Bail?
Bail is the temporary release of an accused individual from custody, which usually requires the payment of a set fee. It secures their presence at the trial while maintaining their innocence.
What is Bharatiya Nyaya Sanhita ?
Bharatiya Nyaya Sahinta is India's new criminal code, which replaces previous laws. It identifies and punishes offences while outlining bail regulations and procedures.
Which offences are not applicable for bail?
Terrorism, Rape, Murder, Kidnapping, and Adduction are some examples of offences or crimes that are not applicable for bail.
What is the Anticipatory Bail?
Anticipatory bail is a legal provision that allows a person to obtain bail in advance of an arrest, protecting them from potential incarceration before they are formally charged with an offence.
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