Section 62 – Bharatiya Nyaya Sanhita (BNS) – Punishment For Attempting To Commit Offences Punishable With Imprisonment For Life Or Other Imprisonment.

Code: Exact Text of Section 62 BNS

Section 62 BNS
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.

Explanation of Section 62 BNS

Section 62 BNS deals with attempts to commit offences that are punishable with imprisonment for life or any other term of imprisonment. Even if the intended offence is not completed, merely attempting to commit it is punishable under this section.

Key Provisions

1. Applicability: This section applies when a person:
   • Attempts to commit an offence punishable with imprisonment.
   • Does an act towards committing the offence.
   • Fails to complete the offence but still acts with criminal intent.
2. Punishment:
   • The accused can be punished with up to half of the longest term of imprisonment prescribed for the offence.
   • If the original offence carries imprisonment for life, then the punishment for attempt can be up to half of life imprisonment.
   • A fine can also be imposed, as applicable to the attempted offence.
3. Irrelevance of Completion:
   • Even if the attempt fails (as shown in the illustrations), the person is still liable under Section 62 BNS.

Illustration Examples

Example 1: Attempted Murder

A fires a gun at B with the intent to kill, but the bullet misses B. Since A attempted to commit an offence punishable with imprisonment for life (murder), A can be punished under Section 62 BNS.

Example 2: Attempted Robbery

A and B plan to rob a bank. They reach the bank and start breaking into the vault but flee when the alarm goes off. Even though the robbery was not completed, their attempt makes them liable under Section 62 BNS.

Common Questions & Answers on Section 62 BNS

1. Why is an attempt punished even if the crime is not completed?

An attempt shows clear criminal intent and a step toward committing the crime. If not stopped, it could have resulted in a completed offence, which is why the law penalizes attempts.

2. Is the punishment for attempt always half of the actual offence?

Not necessarily. Section 62 BNS allows imprisonment up to half of the longest term prescribed for the full offence, but the final punishment is decided by the court based on case facts.

3. Does this section apply to all offences?

No. This section applies only to offences punishable with imprisonment for life or other imprisonment, not to minor crimes.

4. Can a person be punished for attempting a crime if they later change their mind?

If a person voluntarily stops before committing an illegal act, it might not be considered an attempt. However, once an act towards the crime is committed, Section 62 BNS applies.

5. Can a person be punished for merely planning a crime?

No. Mere planning or intention is not enough. There must be an actual step taken towards the offence for Section 62 BNS to apply.

Conclusion

Section 62 BNS ensures that even attempts to commit serious crimes do not go unpunished. By penalizing such acts, the law discourages criminal behavior and upholds justice.

🔗 Related Sections:

• Section 61 BNS – Criminal Conspiracy
• Section 63 BNS – Punishment for Attempting to Commit Offences

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