Section 307 IPC, Now BNS Section 109: Attempt to Murder, Punishment and Bail
Quick Answer
Section 307 IPC punished attempt to murder, and from 1 July 2024 it is replaced by Section 109 of the Bharatiya Nyaya Sanhita (BNS), 2023. The punishment is imprisonment of up to ten years plus fine, and if hurt is caused in the attempt, it can extend to imprisonment for life, so this is a grave,…
Section 307 IPC punished attempt to murder, and from 1 July 2024 it is replaced by Section 109 of the Bharatiya Nyaya Sanhita (BNS), 2023. The punishment is imprisonment of up to ten years plus fine, and if hurt is caused in the attempt, it can extend to imprisonment for life, so this is a grave, cognizable, and non-bailable offence tried by the Court of Session.
If someone is named in a 307 FIR, bail is the first battle, because attempt to murder is non-bailable and the accused is often taken into custody. The defence usually turns on intention, since the prosecution must prove an actual intent to kill, not merely that a serious injury occurred. In serious criminal matters before the Allahabad High Court, Lucknow Bench, we frequently see 307 invoked where the facts support at most a grievous-hurt charge. This guide explains the IPC to BNS mapping, the punishment, the bail position, and the defence, with support through our criminal defence service.
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Section 307 IPC to BNS Section 109: The Exact Mapping
Attempt to murder moved from Section 307 IPC to Section 109 BNS from 1 July 2024. Old FIRs continue under the IPC number, so people still search 307, while a fresh FIR is registered under Section 109 BNS. The related offences sit close by.
| Old law (IPC) | New law (BNS 2023) | What it covers |
|---|---|---|
| Section 307 IPC | Section 109 BNS | Attempt to murder |
| Section 308 IPC | Section 110 BNS | Attempt to commit culpable homicide |
| Section 302 IPC | Section 103 BNS | Punishment for murder |
| Section 304 IPC | Section 105 BNS | Culpable homicide not amounting to murder |
The line between attempt to murder (307, now 109) and voluntarily causing grievous hurt is the whole case, because the graver charge depends on proving an intention to kill. Where that intention is absent, the correct charge is a hurt section, a point that also runs through our note on Section 323 hurt and over-charging.
Punishment and Offence Classification Under Section 307 IPC / BNS 109
Attempt to murder is among the most serious offences short of murder itself, and its classification reflects that. The punishment is imprisonment of either description up to ten years and fine, and where hurt is caused, the offender may be punished with imprisonment for life or the ten-year term with fine.
| Feature | Position under 307 IPC / BNS 109 |
|---|---|
| Maximum punishment | Up to 10 years plus fine; if hurt is caused, up to imprisonment for life |
| Cognizable or non-cognizable | Cognizable (police can register an FIR and investigate without court order) |
| Bailable or non-bailable | Non-bailable (bail is at the discretion of the court) |
| Triable by | Court of Session |
| Compoundable | Non-compoundable |
Because it is non-bailable and tried by the Sessions Court, bail is granted at the court's discretion and often only after the material is examined. The safest step when a 307 FIR is likely is to move for anticipatory bail before arrest, and if arrest has happened, to press for regular bail with the medical evidence in hand.
The Real Test: Intention to Kill
A 307 charge is not made out simply because a person was injured, even seriously. The prosecution must prove that the accused acted with the intention or knowledge required for murder, and that the act was such that, if it had caused death, it would have been murder. The nature of the weapon, the part of the body targeted, the force used, and the surrounding circumstances all go to intention.
- Injury alone is not enough: A grievous injury without proof of intent to kill supports a hurt charge, not attempt to murder.
- Nature and location of the injury: Courts examine whether a vital part was targeted and whether the weapon was capable of causing death.
- Single blow cases: A single blow in the course of a sudden quarrel frequently does not disclose the intention required for 307.
The Supreme Court has repeatedly held that the intention to kill is the essence of Section 307, and that the seriousness of the injury is only one factor. This is why many 307 FIRs are, on the medical and factual record, really grievous-hurt cases, and why a careful challenge to the charge matters as much as the bail application. For the meaning of terms used here, our legal glossary is a quick reference.
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If a 307 IPC or BNS 109 FIR Is Filed: Bail and Defence Steps
Given the gravity, sequence and evidence decide the outcome. This is the order we follow for a client named in an attempt-to-murder FIR in Uttar Pradesh.
- Obtain the FIR and medical report. The injury report is central to whether 307 is even sustainable.
- Move for bail immediately. Apply for anticipatory bail if arrest is likely, or regular bail before the Sessions Court or High Court if the accused is in custody.
- Build the intention challenge. Gather material on the weapon, the injury site, and the circumstances to argue that intent to kill is missing.
- Examine cross-cases and delay. A delayed FIR or a counter-FIR from the other side can materially affect the case.
- Consider a challenge to over-charging. Where the record supports only a hurt charge, the wrongful invocation of 307 can be taken up before the court.
Bail practice in serious sessions matters differs bench to bench, and our page for a criminal lawyer in Lucknow explains how we prepare 307 defences for the Lucknow courts. If you need to understand your position quickly, reach our office through the contact page.
About the Author
Advocate Onkar Pandey (Bar Council of UP enrolment number UP 4825-1999) practises before the Allahabad High Court, Lucknow Bench, with a focus on serious criminal defence, attempt-to-murder and grievous-hurt cases, bail, and trial strategy across Lucknow and the wider Awadh region. He regularly defends clients named in Section 307 IPC and Section 109 BNS attempt-to-murder FIRs, secures anticipatory and regular bail, and challenges over-charging where the record supports only a hurt offence.
Chamber A-406, High Court, Lucknow, Awadh Bar, UP 226001. Phone +91 98392 71553. Email advonpandey@gmail.com. This article is general legal information and not a substitute for advice on your specific facts. To discuss an attempt-to-murder or grievous-hurt case, please use the contact page.
Frequently Asked Questions
Is Section 307 IPC still valid after the new criminal laws?+
Section 307 IPC applies to FIRs registered before 1 July 2024. From that date attempt to murder is Section 109 of the Bharatiya Nyaya Sanhita. The punishment and the non-bailable, cognizable character of the offence are carried over, so a new FIR for the same conduct is registered under BNS 109.
What is the punishment under Section 307 IPC or BNS 109?+
Imprisonment of either description up to ten years and fine. If hurt is actually caused in the attempt, the offender may be punished with imprisonment for life, or the ten-year term with fine.
Is 307 IPC bailable or non-bailable?+
Section 307 IPC, now BNS 109, is non-bailable and cognizable, and it is tried by the Court of Session. Bail is granted at the discretion of the court, often after the material is examined, so early legal advice on anticipatory or regular bail is important.
Can a 307 attempt-to-murder case be settled or compounded?+
No. Section 307 is non-compoundable, so it cannot be settled between the parties in the way a compoundable offence can. The case proceeds on its merits before the Sessions Court.
Does a serious injury automatically mean Section 307 applies?+
No. The essence of Section 307 is the intention to kill. A serious injury without proof of intent to kill supports a grievous-hurt charge, not attempt to murder. Courts look at the weapon, the part of the body targeted, and the circumstances to decide intention.
What is Section 307 IPC in the new BNS numbering?+
Section 307 IPC corresponds to Section 109 of the Bharatiya Nyaya Sanhita, 2023. The related attempt offence, attempt to commit culpable homicide, is Section 110 BNS (old Section 308 IPC).
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Disclaimer: This article is for general information purposes only and does not constitute legal advice. Every case is unique and requires specific legal analysis. For advice specific to your situation, please consult Advocate Onkar Pandey or another qualified attorney in Lucknow.