BNS Section 62 – Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment

Amit Kapoor09 mins

Section in IPC – 511

Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment

Whoever attempts to commit an offence punishable by this Sanhita with imprisonment for life or imprisonment, or to cause such an offence to be committed, and in such attempt does any act towards the commission of the offence, shall, where no express provision is made by this Sanhita for the punishment of such attempt, be punished with imprisonment of any description provided for the offence, for a term which may extend to one-half of the imprisonment for life or, as the case may be, one-half of the longest term of imprisonment provided for that offence, or with such fine as is provided for the offence, or with both.

Illustrations

(a) A makes an attempt to steal some jewels by breaking open a box, and finds after so opening the box, that there is no jewel in it. He has done an act towards the commission of theft, and therefore is guilty under this section.
(b) A makes an attempt to pick the pocket of Z by thrusting his hand into Z’s pocket. A fails in the attempt in consequence of Z’s having nothing in his pocket. A is guilty under this section.


Example:
Vijay goes to Rakesh’s house with the intention of stealing jewellery and tries to steal it by breaking the lock of his cupboard, but he is unable to steal anything because there is no jewellery in the trunk. In such a case, Vijay has acted towards the offence of stealing and he will therefore be guilty under this section.

Key Points on BNS-62: Attempt to Commit an Offence

BNS-62 addresses the legal consequences for individuals who attempt to commit an offence, specifically when no explicit punishment is provided for the attempt in the relevant laws. Below is a breakdown of the key points and definitions:

1. Attempt to Commit an Offence

  • Application: This section applies when an individual attempts to commit an offence punishable by imprisonment for life or any other term of imprisonment.
  • Offence Definition: The offence is considered an attempt when the individual takes concrete steps toward committing the crime, going beyond mere preparation.
    • Example: If someone tries to commit murder but fails, they can be punished for the attempt.
    • Punishment: The person attempting the offence can be punished with:
      • One-half of the imprisonment term that would apply if the offence were fully committed (i.e., half of life imprisonment or half the longest term of imprisonment provided for the offence), or
      • A fine, or
      • Both imprisonment and fine.
    • Cognizable or Non-cognizable: The classification of cognizable or non-cognizable depends on the offence being attempted.
    • Bailable or Non-bailable: The bail status depends on the offence that the individual attempted.
    • Court: The offence will be triable in the court that has jurisdiction over the full offence.

2. Applicable Offences

  • This section applies specifically to attempts to commit offences that are punishable by imprisonment for life or for any fixed term.
  • It covers two types of actions:
    • Attempting to commit the offence personally.
    • Causing or trying to cause another person to commit the offence.

3. Punishment for the Attempt

  • No Specific Provision for the Attempt: If no explicit law provides punishment for the attempt, the individual can be punished with:
    • Imprisonment for up to half the term of the maximum sentence for the fully committed offence, or
    • Fine, or
    • A combination of both imprisonment and fine.

4. Important Definitions

  • Attempt: An attempt in legal terms means that the individual has gone beyond mere planning or intention and has actively taken steps toward committing the crime.
  • Imprisonment for Life: A sentence where the individual is imprisoned for the remainder of their life unless granted parole or clemency.
  • Imprisonment: A sentence for a specified period, not necessarily for life.

5. Scope of the Section

  • Fallback Provision: This section applies only if the Sanhita does not provide a specific punishment for the attempt. If there is a law prescribing punishment for the attempt, that law will take precedence over BNS-62.
  • General Applicability: BNS-62 acts as a general provision to punish attempts when no direct provision exists in the law regarding that specific offence.

6. Proportionality of Punishment

  • The punishment for an attempt is directly proportional to the severity of the offence that was attempted.
    • The punishment for the attempt is capped at half of the sentence that would have been imposed if the full crime had been committed.

Summary

BNS-62 ensures that individuals who attempt to commit offences punishable by imprisonment, including life imprisonment, are held accountable even if the offence is not successfully carried out. In cases where no specific punishment for the attempt is provided in the Sanhita, the individual can be punished with up to half the maximum imprisonment term, a fine, or both. The provision guarantees that even failed attempts at committing serious crimes are punishable by law, maintaining the legal principle of deterrence against criminal attempts.

Details of the Offence

  • Offence: Attempting to commit an offence punishable with imprisonment for life or imprisonment, and in such attempt, doing any act towards the commission of the offence.
    • Punishment: Imprisonment up to one-half of the longest term for the offence, or a fine, or both.
    • Cognizable or Non-cognizable: Dependent on the offence being attempted.
    • Bailable or Non-bailable: Dependent on the offence attempted.
    • Court: The offence is triable in the court by which the offence is triable.

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