307 IPC / 109 BNS Attempt to Murder Bail Guide

Arrested under 307 IPC or 109 BNS? Bail is possible but not automatic. Learn which court to approach, what factors matter, and how to act fast.

Attempt to Murder Bail: 307 IPC / 109 BNS — What Families Need to Know

Is attempt to murder bailable under Indian law?

No. Attempt to murder is a non-bailable offense under Section 109 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — which replaced Section 307 of the Indian Penal Code (IPC) in July 2024. Non-bailable means bail is not a matter of right; the accused must apply to a court and the court must be persuaded to grant it. It does not mean bail is impossible.

Which court can grant bail in a 307 IPC / 109 BNS case?

The Sessions Court is the correct first forum for bail in attempt to murder cases. If the Sessions Court refuses, the High Court has wide powers to grant bail under Section 483, BNSS (formerly Section 439, CrPC). The High Court can also impose conditions — such as surrendering a passport, regular reporting to police, or a surety bond — as part of granting bail.

What factors does a court consider?

Courts in attempt to murder bail matters typically weigh:

• Severity of the injuries — whether the victim’s life was genuinely at risk or the injury was less serious
• Nature of the evidence — strength of the prosecution’s case at the time of the bail hearing
• Criminal antecedents — whether the accused has prior convictions or pending cases
• Flight risk — likelihood that the accused will abscond if released
• Risk to witnesses or victims — whether release could compromise the trial

No single factor is automatic. Courts look at the full picture, and a well-argued bail application that addresses each of these points gives the accused the best chance.

How long does bail take in these cases?

There is no fixed timeline. A bail application before the Sessions Court can be heard within days of filing, but delays are common. If the matter reaches the High Court, timelines vary by state and court backlog. An experienced criminal lawyer can push for an urgent hearing where circumstances warrant it.

• Do not wait. Bail applications in non-bailable cases benefit from being filed promptly.
• Get a lawyer who handles criminal bail matters — not a general practitioner.
• Gather documents: FIR copy, medical reports on the victim’s injuries, bail application, and any evidence of the accused’s ties to the community.
• The applicable section should be confirmed with your lawyer based on the exact FIR and facts — particularly whether charges remain under the old 307 IPC framework or have been filed under 109 BNSS.

Need help finding the right lawyer? Rihaai connects families with vetted criminal lawyers who handle bail applications in non-bailable offense cases. Connect with a lawyer through Rihaai — no jargon, no runaround.