Section 109 BNS (Formerly 307 IPC) Attempt to Murder in Odisha
Section 307 IPC (attempt to murder) is now Section 109 BNS. This remains a non-bailable, serious offence with up to life imprisonment. Here is what changed under the new code and how bail and defence strategy work in Odisha courts.
By Advocate Debarchana Samal · 22 July 2026 · 8 min read
Section 307 IPC to Section 109 BNS: What the Renumbering Means
Section 307 of the Indian Penal Code — attempt to murder — is now Section 109 of the Bharatiya Nyaya Sanhita (BNS), effective from 1 July 2024. If you or a family member has been booked in Cuttack or elsewhere in Odisha for allegedly attacking someone with intent to kill, the FIR today will cite Section 109 BNS rather than Section 307 IPC. The underlying law, however, has not become any less serious.
The offence continues to punish any act done with such intention or knowledge, and under such circumstances, that if death were caused by the act, the person would be guilty of murder. Crucially, the offence is complete the moment the act is done with the requisite intent — it does not matter that the victim survived, or even that the injury was minor, so long as the intent and circumstances point towards an intention to kill.
Ingredients of the Offence Remain Unchanged
Punishment Under Section 109 BNS
Base Offence — Section 109(1) BNS
Details: Imprisonment up to 10 years and fine
Applies where the act is done with intent or knowledge as described but without the aggravating factors below.
Aggravated Offence — Section 109(2) BNS
Details: Where the act is premeditated, done by a person already under a life sentence, or hurt is caused to the victim
Punishment extends to imprisonment for life, with fine.
Bail Difficulty in Section 109 BNS Cases
Section 109 BNS is a non-bailable, cognisable offence exclusively triable by the Sessions Court. Police cannot grant bail, and a Magistrate's power is limited. Bail applications go before the Sessions Court or the Odisha High Court under Section 483 BNSS (regular bail) or Section 482 BNSS (anticipatory bail, where the accused has not yet been arrested).
Courts weigh the gravity of the injury, the weapon allegedly used, whether the attack was premeditated or a spontaneous outburst during a quarrel, the accused's prior record, and the risk of witness tampering or repeat offence. Bail is more readily granted where the injury is not grievous, where there is a plausible claim of private defence or sudden provocation, or where independent witnesses do not corroborate the complainant's version.
Common Defence Strategies
Lack of intention to cause death
The defence argues the injury, though serious, was not accompanied by the specific intent or knowledge required — for instance, a single blow during a scuffle rather than a targeted, repeated attack on a vital organ.
Grave and sudden provocation
If the accused acted in the heat of the moment after sudden and grave provocation, without premeditation, the court may consider a lesser charge such as voluntarily causing hurt rather than attempt to murder.
Private defence of person or property
Where the accused acted to protect themselves or their property from an imminent unlawful attack, the right of private defence under BNS may excuse or mitigate the act entirely.
Challenging identification and eyewitness reliability
In cases of group clashes or nighttime incidents, the defence often challenges whether the complainant correctly identified the specific accused responsible for the injury.
Medical evidence contesting the nature of injury
The defence cross-examines the treating doctor on whether the injury was truly of a nature that could have caused death, which is central to sustaining a Section 109 BNS conviction.
Why Medical Evidence Is So Important
The single most decisive piece of evidence in a Section 109 BNS trial is usually the medical report. Whether the injury was simple or grievous, which organ or body part was affected, the weapon consistent with the wound, and the treating doctor's opinion on whether the injury was "sufficient in the ordinary course of nature to cause death" all shape whether the charge is sustained, reduced, or dismissed. Preserving and obtaining this evidence early — including hospital admission records, X-rays, and discharge summaries — is essential for both the prosecution and the defence.
Why Self-Representation Is Risky
A Section 109 BNS charge can carry a sentence of up to life imprisonment. I have seen accused persons in Odisha lose valuable time by not securing bail promptly, by giving informal statements to the investigating officer without legal advice, or by failing to gather crucial medical and eyewitness evidence in the earliest days after the incident — a window that closes quickly. This is not a matter to handle alone or with delayed legal help. Every day without proper representation weakens the defence.
Critical warning: Do not attempt to contact the complainant or witnesses directly to "resolve the matter" once an FIR under Section 109 BNS has been registered. This can be treated as intimidation and severely damage your bail application and defence.
Frequently Asked Questions
Is Section 109 BNS the same as Section 307 IPC?
Yes. Section 307 IPC (attempt to murder) is now Section 109 BNS. The ingredients of the offence and the maximum punishment of life imprisonment remain the same under the new code.
Can a person get bail in a Section 109 BNS case in Odisha?
It is difficult but possible. Bail can only be granted by the Sessions Court or Odisha High Court, and courts weigh the severity of injury, the weapon used, premeditation, and the accused's background before deciding.
What is the punishment for Section 109 BNS?
Imprisonment up to 10 years and a fine for the base offence, extending to life imprisonment where the act was premeditated, done by a person under a life sentence, or resulted in hurt to the victim.
What are common defences in a Section 109 BNS case?
Lack of intention or knowledge to cause death, grave and sudden provocation, private defence, challenges to eyewitness identification, and disputing the medical evidence on the nature and severity of the injury.
How important is medical evidence in these cases?
It is often decisive. Courts closely examine whether the injury was capable of causing death in the ordinary course of nature, which determines whether the charge of attempt to murder is sustained or reduced to a lesser offence.
Facing a Section 109 BNS Case in Cuttack or Odisha?
Advocate Debarchana Samal handles serious criminal defence matters including attempt to murder charges, bail applications, and full Sessions Court trial representation across Odisha. Contact us for an urgent, confidential consultation.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Consult a qualified advocate for advice specific to your situation.
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