Section 109 BNS | BNS 109
109(1) BNS
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.
109(2) BNS
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.
READ OTHER SECTIONS OF CHAPTER VI — OF OFFENCES AFFECTING THE HUMAN BODY
FAQs of BNS Section 109
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109 BNS punishment and fine
Punishment and fine under Section 109(1)BNS—
Attempt to murder:- Imprisonment for 10 years and fine
If such act causes hurt to any person: Imprisonment for life, or as above.Punishment and fine under Section 109(2) of BNS—
Attempt by life-convict to murder, if hurt is caused: Death, or imprisonment for life which shall mean the remainder of that person’s natural life. -
109 BNS cognizable or not
The offence under Section 109(1) and 109(2) of the BNS is cognizable.
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109 BNS bailable or not
The offence under Section 109(1) and 109(2) of the BNS is non-bailable.
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109 BNS trial court
Offence specified in Section 109(1) and 109(2) of the BNS is triable by the Court of Session.
Important Points
- Cognizable Offences: These are offences where a police officer can arrest a person without a warrant.
- Non-Cognizable Offences: These are offences where a police officer cannot arrest a person without a warrant.
- Bailable Offences: These are offences where the accused can get bail from the police station itself. All bailable offences are listed in the First Schedule of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
- Non-Bailable Offences: Offences in which bail is not granted directly from the police station but after hearing the case in the court, the judge decides when bail will be granted. All non-bailable offences are listed in the first schedule of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
- In the above FAQ, “trial court” means the court that has jurisdiction to try the offence.
- In the above FAQ, the expression “Magistrate of the first class” and “Any Magistrate” does not include Executive Magistrates.
Read other Sections of the BNS
Reference Link: New Criminal Laws (BNS), Ministry of Home Affairs