Criminal Law
Attempt to Murder
Study Attempt to Murder with clear BNS rules, essential ingredients, leading cases, examples and concise exam-ready revision for law students.
Quick answer
Attempt to murder requires an act done with the intention or knowledge and in circumstances that would make the accused guilty of murder if death resulted.
Rule and essential ingredients
Attempt to murder requires an act done with the intention or knowledge and in circumstances that would make the accused guilty of murder if death resulted. Begin with the statutory language. Criminal liability follows only when the prosecution proves each required ingredient beyond reasonable doubt, subject to any applicable exception or statutory presumption.
Murder-level fault
The decisive question is the intention or knowledge accompanying the act, not whether the victim happened to receive a serious injury.
Overt act
The accused must move beyond preparation and perform an act toward the intended killing.
Circumstantial proof
Weapon, target, force, words, planning, distance and interruption can establish the required fault.
Application, limits and proof
A strong answer does not stop at a definition. It identifies the contested ingredient, compares the evidence with the statutory threshold and explains why nearby offences or defences do or do not apply.
Injury not essential
Section 109 can apply even when no injury occurs, though injury affects evidence and punishment.
Hurt distinction
A dangerous injury does not automatically prove intent to kill; the court must infer the precise state of mind from all facts.
Landmark cases
Learn the facts, the rule and why the case matters. The citation alone will not strengthen an answer.
State of Madhya Pradesh v. Saleem
(2005) 5 SCC 554Held: The nature of injury is relevant but not essential; intention and the act in its circumstances control attempt to murder.
Use in an answer: Use this authority to explain the controlling test for attempt to murder, then apply that test to the problem facts.
Hari Singh v. Sukhbir Singh
(1988) 4 SCC 551Held: Weapon, part of body aimed at and severity of force help infer the intention required for attempt to murder.
Use in an answer: Use this authority to explain the controlling test for attempt to murder, then apply that test to the problem facts.
How to write this answer in an exam
- Open with the relevant BNS provision and its purpose.
- List the ingredients in the order in which they must be proved.
- Apply conduct, circumstances and mens rea separately.
- Address the closest distinction, defence or aggravated form.
- Conclude on liability and punishment without assuming disputed facts.
Quick revision
- Attempt to murder requires an act done with the intention or knowledge and in circumstances that would make the accused guilty of murder if death resulted.
- The decisive question is the intention or knowledge accompanying the act, not whether the victim happened to receive a serious injury.
- The accused must move beyond preparation and perform an act toward the intended killing.
- Section 109 can apply even when no injury occurs, though injury affects evidence and punishment.
- The prosecution ordinarily bears the burden of proving every ingredient beyond reasonable doubt.
Test yourself
- What is the central legal test for attempt to murder?
- Which fact establishes the required mental element?
- What nearby rule is most likely to be confused with this topic?
Frequently asked questions
What should an answer on attempt to murder prove first?
Start with the charged BNS provision and the conduct it prohibits. Then prove the required circumstances and mental state separately before discussing punishment or a defence.
Are older IPC judgments still useful after BNS?
Yes, where the BNS language and principle remain materially similar. The current BNS text must lead, and an older case should not override a changed definition, ingredient or punishment.