Half murder is not an official legal term in Indian law. People usually use this word to refer to the cases which deals with attempt to murder and registered under:
- Section 109 of the Bharatiya Nyaya Sanhita (BNS), or
- Section 307 of the Indian Penal Code (IPC)
What Is Half Murder Section?
In legal terms, half murder means an attempt to murder where the accused had the intention or knowledge that their act could cause death, but the victim survives.
Under Indian law:
- There is no separate section called half murder
- Such cases are filed under either Section 109 BNS or Section 307 IPC – Attempt to Murder
The focus is not on the injury alone, but on the intention and severity of the act.
Punishment for Half Murder Under BNS / IPC Section
Half Murder Punishment
The punishment for half murder under BNS ans IPC depends on the nature of the act and the harm caused:
- Imprisonment up to 10 years, or
- Fine, or
- Both Imprisonment up to 10 years and fine
If Hurt Is Caused
If the victim suffers grievous injury, the punishment can extend to:
- Life imprisonment, or
- Up to 10 years imprisonment + fine
If the Accused Is a Life Convict
If a person already serving a life sentence commits an attempt to murder:
- Punishment may extend to death penalty, or
- Life imprisonment
Key Ingredients of Half Murder
For a case to be proved half murder, the prosecution must establish:
- Intention or knowledge to cause death
- Act done with the intent to committing murder
- Nature of weapon used (knife, gun, acid, etc.)
- Severity and location of injuries
- Circumstances of the attack
Even if no injury is caused, Section 109 BNS or Section 307 IPC can still apply if the intention to kill is clear.
Difference Between Half Murder and Grievous Hurt
| Basis | Section 109 / 307 (Half Murder) | Grievous Hurt |
|---|---|---|
| Intention | Intention to kill | No intention to kill |
| Severity | Act likely to cause death | Serious injury but not fatal |
| Punishment | Up to life imprisonment | Lesser punishment |
Courts decide based on intention, not just injury.
Is Half Murder a Bailable Offence?
- Non-bailable offence
- Cognizable offence (police can arrest without warrant)
- Triable by Sessions Court
Bail is granted only at the discretion of the court, depending on facts and evidence.
Examples of Half Murder Cases
Common scenarios where Section 109 BNS or Section 307 IPC is applied:
- Firing a gun but victim survives
- Stabbing in chest or abdomen
- Acid attack with intent to kill
- Repeated blows with deadly weapons
- Attempted strangulation
Frequently Asked Questions (FAQs)
Q1. Is half murder a legal term in BNS or IPC?
No, half murder is not a legal term. It is commonly used to refer to Section 109 BNS or Section 307 IPC.
Q2. What is the minimum punishment for half murder?
There is no fixed minimum, but punishment can extend up to 10 years or life imprisonment.
Q3. Can compromise quash a half murder case?
Generally no, as it is a serious offence, but courts may consider facts in rare cases.