Bail in an Attempt to Murder Case Under Section 109 BNS

Bail in an attempt to murder case under Section 109 of the Bharatiya Nyaya Sanhita (BNS) is decided by the Sessions Court or the High Court, and it turns on intention. The court reads intention from the medico-legal report (MLC), the weapon used, the part of the body struck, the number of blows and how the incident began. If those facts point to a sudden quarrel with simple or grievous injuries rather than a design to kill, bail is granted more readily, and the charge may later be framed under the hurt sections instead.

The offence: Section 109 BNS

Section 109 BNS (formerly Section 307 IPC) punishes doing any act with such intention or knowledge, and in such circumstances, that if death had been caused, the act would have been murder:

• No hurt caused: imprisonment up to ten years and fine.
• Hurt caused: imprisonment for life, or up to ten years, and fine.
• Offender already under a life sentence, and hurt caused: death or imprisonment for life.

The offence is non-bailable and triable by the Court of Session. Police in Delhi often add Section 109 to FIRs arising from neighbourhood fights, road rage and family property quarrels. Many of those cases, examined closely, describe hurt rather than an attempt to kill.

Intention and the injuries

In State of Madhya Pradesh v. Saleem (2005), the Supreme Court held that a conviction under the old Section 307 does not need an injury capable of causing death; the intention and the act are what matter. This is often quoted against the accused at bail. But intention has to be inferred from something, and the injuries remain the most reliable evidence. Courts at the bail stage look at:

• The MLC. The hospital’s medico-legal certificate lists each injury and the doctor’s opinion (simple, grievous or dangerous). Often the first MLC says “opinion reserved” or “under observation”, and the final opinion comes later. Getting the final opinion on record is important.
• Location of injuries. Injuries on the head, neck, chest or abdomen point one way; injuries on the limbs another.
• The weapon. A knife or firearm is treated differently from a stick or hands. Whether a weapon was carried to the spot or picked up there matters to premeditation.
• Number of blows. A single blow in a scuffle is treated differently from repeated blows to a vital part.
• How the incident began. A sudden fight in which both sides were injured, often shown by a cross-FIR, suggests the absence of any plan.

Hurt and grievous hurt: the lesser offences

If the material shows hurt rather than an attempt to kill, the relevant sections are:

• Section 115 BNS, voluntarily causing hurt (up to one year);
• Section 117 BNS, voluntarily causing grievous hurt (up to seven years); grievous hurt is defined in Section 116;
• Section 118 BNS, causing hurt or grievous hurt by dangerous weapons or means.

These distinctions matter at two stages. At bail, they show the court the realistic seriousness of the case. At charge, the Sessions Court decides under Sections 250 and 251 BNSS whether to discharge the accused or frame a charge, and for which offence. If only a hurt offence is made out, the charge is framed for that, and the case can be sent to a Magistrate for trial.

Anticipatory bail and regular bail

If the FIR has just been registered, anticipatory bail under Section 482 BNSS can be sought from the Sessions Court. For a recent incident with serious injuries, courts often decline anticipatory bail because the weapon may need to be recovered. Where the injuries are simple, the incident was mutual, and the accused has a fixed home and work, the prospects are better.

After arrest, regular bail under Section 483 BNSS goes first to the Sessions Court. For FIRs from South and South-East Delhi, that is generally the Saket Courts. Grounds that carry weight include the final MLC opinion, recovery of the weapon already made, the injured having been discharged from hospital, parity with co-accused, and the length of custody.

Charge-sheet timelines and default bail

The period for filing the charge-sheet depends on the offence. Where the allegation carries imprisonment for life (Section 109 with hurt caused), it is 90 days under Section 187(3) BNSS. For an offence punishable with a maximum of ten years, the Supreme Court in Rakesh Kumar Paul v. State of Assam (2017) held that the 60-day period applies, because “not less than ten years” means a minimum of ten years. If the police miss the deadline, the accused can claim default bail.

Settlement and quashing

Section 109 is not compoundable. The High Court has power under Section 528 BNSS to quash an FIR after the parties settle, but it is cautious with serious offences and looks at the nature of the injuries, whether a weapon was used, and whether the dispute was private in character. A settlement can also be relevant at bail, as it reduces the risk to witnesses. See quashing of FIR.

What to send us

The FIR, the MLC (or at least the hospital name and MLC number), any cross-FIR, the arrest and remand papers, and photographs of the scene or injuries to your side if any. We read the MLC against the allegations first: it usually tells us what the realistic charge is. No lawyer can promise bail; we will tell you plainly where the case stands.