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CHAPTER IV OF ABETMENT, CRIMINAL CONSPIRACY AND ATTEMPT · Of attempt

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

The Bharatiya Nyaya Sanhita, 2023

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.

Corresponding IPC provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

Questions on this section

4 questions in 16 of our papers cite Section 62. Try these from the free papers:

  1. 1. Consider the following statements about Section 62 of the BNS: 1. It applies to attempts to commit offences punishable with imprisonment for life or imprisonment. 2. It applies even where the Sanhita makes an express provision for punishing the attempt in question. 3. It allows the court to punish the attempt with fine alone, being such fine as is provided for the offence. Which of the statements given above is/are correct?

  2. 2. A thrusts his hand into Z's pocket intending to steal whatever it contains. The pocket is empty, and A takes nothing. Under the BNS, A

Practise questions on Bharatiya Nyaya Sanhita