Whenever a person suddenly hears that the police have added the Section 109 of Bharatiya Nyaya Sanhita (BNS), 2023, the first reaction is the fear:
- “Will I be arrested?”
- “Is injury compulsory for attempt to murder?”
- “Can I get bail?”
- “Is this section being misused against me?”
All these questions are the common because attempt to murder is one of the most serious criminal charges, even if no one has died.
This article mostly explains Section 109 BNS a practical way, focusing on what the law actually looks at as well as what you should do immediately if this section is mostly applied against you.
When Does a Case Become Attempt to Murder Under Section 109 BNS?
Attempted murder arises when the police claim that the defendant acted intentionally or knowingly causing death and took tangible action to effectuate the intention. The law’s concern is not with the final outcome but rather the mental state of the defendant when the act was committed and its inherently dangerous character.
Thus, there is no requirement of death for Section 109 to apply. Even an injury is unnecessary; it is only necessary to determine if the act was dangerous enough that had death occurred, then it would unquestionably constitute murder.
Situations Where Section 109 Is Commonly Applied
In practice, the police usually invoke Section 109 in the cases involving the use of weapons, targeting of vital body parts, repeated or any kind of brutal assaults, acid attacks, or the violent acts that is mostly arising from the property, family, or any business disputes. Many times, this section is added along with other offences to make the case appear more severe and to justify arrest.
At the very same time, the courts are mostly aware that Section 109 is sometimes added mechanically, and especially in the most heated disputes, and therefore they usually examine the facts carefully at the bail as well as charge stage.
Is Injury Necessary for Attempt to Murder?
This is one of the most common misunderstandings. The injury is not at all mandatory for an offence as per Section 109. Courts have consistently held that even if the victim escapes without injury, the offence can still be made out if intention and overt act are proved.
However, the absence of serious injury plays a crucial role in defence. If medical reports show simple or no injury, it becomes a strong argument that there was no intention to kill, especially when seeking bail or reduction of charges.
Punishment Under Section 109 BNS
Punishments under this section are determined by the severity of the offence and the subsequent result. If there was no injury done to the victim then the maximum penalties will be for a period of time not exceeding 10 years, as well as any amount of fine(t)that may incur. However, when the person causes an injury to a victim, the penalties could lead to imprisonment until death based on the circumstances. In cases where punishment of an attempted murder, there are also instances of extreme, or very rare. Because of the potential for severe punishment resulting from an attempted murder, courts treat the defendant with a High level of caution.
Is Section 109 BNS Cognizable and Non-Bailable?
Yes, the Crime under section 109 BNS is considered cognizable and non-bailable. Police may file an FIR with the permission of the courts, and may arrest without a warrant if the situation warrants it (bail is not granted by default), but only upon court review of the facts. Therefore, it is imperative that there is immediate access to legal aid.
Will I Be Arrested Immediately If Section 109 Is Added?
Arrest does not happen just because Section 109 appears in the FIR. The courts and police must determine if an arrest is necessary to carry out their investigation. The following criteria help to determine if an arrest is warranted: severity of injury; weapon(s) used; prior criminal record of suspect; and how cooperative a suspect is with the investigation.
In most of the cases, the need for arrest could have been avoided by almost applying for the anticipatory bail on the right time, and showing that there was no need for arrest for the police to carry out their own investigation.
When Should You Apply for Anticipatory Bail?
Whenever you feel that you might get arrested due to one FIR that is being filed against you, or multiple calls from the police for the questioning, it is very much advisable to request anticipatory bail. The courts will likely approve of your request for anticipatory bail when they feel the injuries were not extreme; the event occurred quickly without any intent; and that the evidence to convict is mostly documentary or medical in nature.
However, in particular situations that involves severe disturbances and/or deathly weapons that is used to inflict extreme injuries on others, the courts may not allow any person to obtain the anticipatory bail.
What If You Have Already Been Arrested?
If you were arrested prior to making a bail request, then your remedy is to submit an application for regular bail. At this point, the courts will determine whether there still needs to be a further need for custody; whether the investigation has been completed; and whether the defendant is likely to tamper with witnesses or commit a crime again.
Even in attempt to murder cases, regular bail is possible, depending entirely on the facts.
Can Police Arrest You Without Notice?
For some serious crimes such as attempted murder, the police have the authority by law to make an arrest without giving prior warning to the individual being arrested. However, if at all you feel that the arrest has been made for any mechanical reasons or to just harass you, you may be able to file an appeal in the courts.
When you cooperate with police officials, there is no need for the police to take you into custody, it is likely that the courts will going to interfere to safeguard your personal freedoms.
What If Police Are Harassing or Threatening You?
In case a police officer is constantly calling your number, threatening to arrest you without any justification or even demanding that you report at the station right away without any good reason, do not panic or act up. Rather, you should compile the records of all the calls and messages that the police made and then contact a lawyer as soon as possible. You may have a number of options for legal intervention, such as taking your complaint to a senior police officer, filing a complaint before the Magistrate, or seeking an order of protection from the High Court in appropriate circumstances.
What If Section 109 Is Falsely Added Against You?
It is not rare at all for one to be wrongly charged with murder under Section 109, particularly in the context of disputes over property, family matters, business quarrels, or fights between groups. Courts are aware of frequency and will scrutinize whether or not there was actually any intent to kill.
The moment you learn about an FIR made against you, do not neglect it. Consult with a lawyer and apply for bail, if necessary, and collect all the evidence of your innocence, including medical reports, CCTV footage, phone records, and/or text messages.
Can a False Attempt to Murder Case Be Quashed?
Yes, a High Court can annul an FIR if the accusations in it are overblown, personal motives are behind the allegations, or if the charge does not amount to attempted murder. Generally, such cases are dismissed by the court if the injury does not match the claim, if the conflict is merely a matter of civil lawsuit, or if the FIR was a revenge act.
That being said, if there was any actual violence or if there is compelling evidence that must go to trial, the courts may not dismiss such cases.
What You Should Practically Do Right Now
- Stay calm and do not panic
- Do NOT visit police station alone
- Do NOT give statements without legal advice
- Preserve medical records, videos, chats
- Contact a criminal lawyer immediately
Early legal intervention often prevents arrest and weakens false charges.
How Our Criminal Law Team Helps You
Facing an attempt to murder charge is not just a legal issue; it affects your reputation, career, and mental peace. Our criminal lawyers provide you with constant support starting from the earliest stage of bail strategy, illegal arrest protection, defense planning, and court representation.
Our method is pragmatic and focused on results. The target is quite clear: safeguarding your rights, preventing the legal system from being misused, and making sure your version of the events is accurately presented to the court.
One can talk to lawyer from Lead India for any kind of legal support. In India, free legal advice online can be obtained at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online free through Lead India.
FAQs
1. Can attempt to murder be applied without injury?
Yes. Injury is not compulsory. Intention and the nature of the act matter most.
2. Is Section 109 BNS bailable?
It is non-bailable, but courts can grant bail depending on facts.
3. Can Section 109 be removed later?
Yes. Courts can drop or alter the charge if evidence does not support murder intent.
4. Can attempt to murder cases be settled?
Generally, no. It is treated as an offence against society.
5. Will this case affect my job or travel?
Yes, pending criminal cases can impact employment, passport, and travel.
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