(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.
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.
Simplified Explanation
Section 109 of the Bharatiya Nyaya Sanhita (Indian Penal Code) deals with attempt to murder. This section covers situations where a person does an act with the intention or knowledge that if the act leads to death, it would constitute murder. However, even if death does not occur, the individual is still liable for attempted murder.
Text of Section 109
The section consists of two parts (sub-sections):
Sub-section (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.”
Sub-section (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.”
Explanation
- Attempted Murder: Section 109 deals with situations where a person attempts to murder another, but death does not actually occur. The key element in this section is that the individual intended or knew that their actions could cause death, and their actions were such that, had death occurred, they would have been guilty of murder.
- Punishment: The punishment for attempting murder under sub-section (1) can be:
- Imprisonment for up to 10 years (either rigorous or simple imprisonment).
- Liability to a fine.
- Imprisonment for life if the act causes hurt to the person. In such cases, the court has the discretion to impose life imprisonment or any other punishment up to 10 years, depending on the severity of the injury and the circumstances.
- Life Sentence: If the offender was already serving a life sentence for another offense and caused hurt while attempting murder, they could be punished with death or continue their life imprisonment for the remainder of their life. This highlights the serious nature of the crime.
Key Points
- Intention or Knowledge: To be liable under Section 109, the person must have acted with the intention to kill or with knowledge that their actions were likely to cause death.
- Circumstances: Even if the person does not succeed in causing death, their actions could still lead to an attempt charge if they were done under circumstances where death was a real possibility.
- Punishment for Hurt: If the act results in hurt (injury) to the person, the penalty becomes more severe. The offender can be imprisoned for life or face a term of imprisonment and a fine, depending on the severity of the injury.
- Life Convicts: For those already under a life sentence, if they attempt murder and cause injury, they face even harsher punishment, including the possibility of the death penalty.
Illustrations
Here are some examples provided in the section to illustrate the concept of attempted murder:
- Illustration (a):
- A shoots at Z with the intent to kill. Even if Z survives, A is liable for attempted murder because A intended to cause death in a manner that could have led to murder.
- Illustration (b):
- A exposes a child in a desert place with the intent to kill the child. Even if the child does not die, A is still liable for attempted murder because A‘s actions were directed toward causing death.
- Illustration (c):
- A buys a gun with the intent to murder Z, loads it, and fires it at Z, but Z survives. A is liable for attempted murder because the act was done with the intent to kill, and A caused harm to Z by firing the gun.
- Illustration (d):
- A buys poison with the intent to kill Z, mixes it with food, and either places the food on Z‘s table or gives it to Z‘s servants. Even though Z has not yet eaten the poisoned food, A is guilty of attempted murder because A acted with the intent to kill Z.
Conclusion
Section 109 of the IPC is designed to address attempted murder, where the accused has performed an act that could have led to murder but does not result in the victim’s death. The section stresses that a person can be penalized even if their intended outcome (death) does not occur, as long as their actions were likely to cause death. The punishment includes up to 10 years of imprisonment, a fine, and life imprisonment if the act causes injury. In cases where the person is already serving a life sentence and causes harm, the penalty becomes even harsher, including the possibility of death.