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Which conduct constitutes an attempt to murder under section 109 of the Bharatiya Nyaya Sanhita, 2023? Assume P intends to kill Q and no general exception applies.

Question and options

Which conduct constitutes an attempt to murder under section 109 of the Bharatiya Nyaya Sanhita, 2023? Assume P intends to kill Q and no general exception applies.

  1. P buys a gun but takes no further step towards attacking Q.

  2. P fires a loaded gun at Q, missing only because Q is beyond the gun’s range.

  3. P writes an uncommunicated private plan to kill Q and takes no further step.

  4. P saves money to buy a weapon but does nothing towards attacking Q.

Answer and explanation

Correct answer: B - P fires a loaded gun at Q, missing only because Q is beyond the gun’s range.

Section 109 addresses an act done with the intention or knowledge and in circumstances that would make the resulting death murder. Firing a loaded gun at the intended victim goes beyond preparation, even if range prevents the shot reaching the victim. The other stated conduct only arranges means or records an intention.

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