Bharatiya Nyaya Sanhita (BNS)
Section 109 of the Bharatiya Nyaya Sanhita, 2023: Attempt to murder.
Lentis Legalis | 24 March 2026
Reviewed by Adv. Chandrasen Yadav
Section – 109 BNS: Attempt to murder.—
(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.
| Section | Offence | Punishment | Cognizable or Non- Cognizable | Bailable or non-Bailable | By which Court Triable |
| 109(1) | Attempt to murder (If no hurt Caused) | Imprisonment for 10 years and fine. | Cognizable | Non-Bailable | Court of Session |
| Attempt to murder (If hurt Caused) | Imprisonment for life or as above | Cognizable | Non-Bailable | Court of Session | |
| 109(2) | Attempt by life convict to murder, if hurt is caused | Death, or Imprisonment for life | Cognizable | Non-Bailable | Court of Session |
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.
Author
Adv. Chandrasen Yadav
B.Sc., LL.B. & LL.M.
Lentis Legalis | 31 March 2026
Reviewed by Adv. Chandrasen Yadav
Section – 126: Wrongful restraint.—
(1) Whoever voluntarily obstructs any person so as to prevent that person from proceeding in any direction in which that person has a right to proceed, is said wrongfully to restrain that person.
Exception.—The obstruction of a private way over land or water which a person in good faith believes himself to have a lawful right to obstruct, is not an offence within the meaning of this section.
Illustration
A obstructs a path along which Z has a right to pass, A not believing in good faith that he has a right to stop the path. Z is thereby prevented from passing. A wrongfully restrains Z.
(2) Whoever wrongfully restrains any person shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five thousand rupees, or with both.
| Section | Offence | Punishment | Cognizable or Non- Cognizable | Bailable or non-Bailable | By which Court Triable |
| 126(2) | Wrongfully restraining any person. | Simple imprisonment for 1 month, or fine of 5,000 rupees, or both. | Cognizable | Bailable | Any Magistrate |
Author
Adv. Chandrasen Yadav
B.Sc., LL.B. & LL.M.
Bharatiya Nyaya Sanhita (BNS)
Section 125 of the Bharatiya Nyaya Sanhita, 2023: Act endangering life or personal safety of others.
Lentis Legalis | 31 March 2026
Reviewed by Adv. Chandrasen Yadav
Section – 125 BNS: Act endangering life or personal safety of others.—
Whoever does any act so rashly or negligently as to endanger human life or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to three months or with fine which may extend to two thousand five hundred rupees, or with both, but—
(a) where hurt is caused, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five thousand rupees, or with both;
(b) where grievous hurt is caused, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine which may extend to ten thousand rupees, or with both.
| Section | Offence | Punishment | Cognizable or Non- Cognizable | Bailable or non-Bailable | By which Court Triable |
| 125 | Doing any act endangering human life or personal safety of others | Imprisonment for 3 months, or fine of 2,500 rupees, or both. | Cognizable | Bailable | Any Magistrate |
| 125(a) | Where hurt is caused. | Imprisonment for 6 months, or fine of 5,000 rupees, or both | Cognizable | Bailable | Any Magistrate |
| 125(b) | Where grievous hurt is caused. | Imprisonment for 3 years, or fine of 10,000 rupees, or both. | Cognizable | Bailable | Any Magistrate |
Author
Adv. Chandrasen Yadav
B.Sc., LL.B. & LL.M.
Bharatiya Nyaya Sanhita (BNS)
Section 124 of the Bharatiya Nyaya Sanhita, 2023: Voluntarily causing grievous hurt by use of acid, etc.
Lentis Legalis | 31 March 2026
Reviewed by Adv. Chandrasen Yadav
Section – 124 BNS: Voluntarily causing grievous hurt by use of acid, etc.—
(1) Whoever causes permanent or partial damage or deformity to, or burns or maims or disfigures or disables, any part or parts of the body of a person or causes grievous hurt by throwing acid on or by administering acid to that person, or by using any other means with the intention of causing or with the knowledge that he is likely to cause such injury or hurt or causes a person to be in a permanent vegetative state shall be punished with imprisonment of either description for a term which shall not be less than ten years but which may extend to imprisonment for life, and with fine:
Provided that such fine shall be just and reasonable to meet the medical expenses of the treatment of the victim: Provided further that any fine imposed under this sub-section shall be paid to the victim.
(2) Whoever throws or attempts to throw acid on any person or attempts to administer acid to any person, or attempts to use any other means, with the intention of causing permanent or partial damage or deformity or burns or maiming or disfigurement or disability or grievous hurt to that person, shall be punished with imprisonment of either description for a term which shall not be less than five years but which may extend to seven years, and shall also be liable to fine.
Explanation 1.—For the purposes of this section, “acid” includes any substance which has acidic or corrosive character or burning nature, that is capable of causing bodily injury leading to scars or disfigurement or temporary or permanent disability.
Explanation 2.—For the purposes of this section, permanent or partial damage or deformity or permanent vegetative state shall not be required to be irreversible.
| Section | Offence | Punishment | Cognizable or Non- Cognizable | Bailable or non-Bailable | By which Court Triable |
| 124(1) | Voluntarily causing grievous hurt by use of acid, etc. | Imprisonment for not less than 10 years but which may extend to imprisonment for life and fine. | Cognizable | Non-Bailable | Court of Session. |
| 124(2) | Voluntarily throwing or attempting to throw acid. | Imprisonment for 5 years but which may extend to 7 years and fine. | Cognizable | Non-Bailable | Court of Session. |
Author
Adv. Chandrasen Yadav
B.Sc., LL.B. & LL.M.
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