Section 308 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 308 – Bharatiya Nyaya Sanhita (BNS), 2023
Title / Essence
Attempt to Commit an Offence Punishable with Imprisonment
1. Purpose of Section 308
Section 308 addresses criminal liability for attempting to commit an offence, even if the offence is not fully completed.
Its main objectives are:
Ensure that attempted crimes are punishable, not only completed offences.
Deter individuals from preparing or acting on criminal intentions.
Reinforce the principle that criminal intent combined with overt acts constitutes an offence.
2. Scope of the Offence
This section applies to anyone who:
Intends to commit an offence punishable under the BNS.
Commits an act towards committing the offence, but the offence is not completed.
Key points:
Mere intention without action is not punishable.
There must be a direct step or overt act towards committing the crime.
The attempt must be voluntary and deliberate.
3. Key Elements of Section 308 Offence
To establish liability under Section 308, the following elements must exist:
Intent: The accused must have the intention to commit a specific offence.
Overt Act: The accused must have taken steps or performed acts directly towards committing the offence.
Non-Completion: The offence is not completed for reasons beyond the accused’s control.
Criminal Liability: The law provides that attempting the offence carries punishment proportionate to the actual offence.
4. Punishment under Section 308
Attempt to commit an offence is punishable even if the offence is incomplete.
Punishment is generally the same as, or less than, the punishment for the full offence.
The severity may vary depending on whether the act came close to completing the offence.
For example:
Attempted theft carries similar punishment as theft, but may be slightly reduced if the act was interrupted.
Attempted murder carries severe penalties similar to actual murder.
5. Illustrative Examples
Example 1:
A plans and fires a gun at a person intending to kill them, but misses.
➡ Punishable under Section 308 as attempted murder.
Example 2:
A tries to steal a bag from someone’s house but is caught before taking it.
➡ Punishable under Section 308 as attempted theft.
Example 3:
An individual mixes a harmful substance intending to poison someone but is stopped before giving it.
➡ Punishable under Section 308 as attempted poisoning.
6. Legal Principles
Criminal intent + overt act = liability: Both elements are required.
No completion required: Punishable even if the offence fails.
Preparation vs attempt: Mere preparation (planning, buying tools) is not enough; an overt act is necessary.
Proportionality: Punishment is aligned with the seriousness of the intended offence.
7. Importance of Section 308
Deters potential offenders from acting on criminal intentions.
Reinforces the preventive aspect of criminal law.
Closes the gap where offenders may escape punishment just because the offence could not be completed.
8. Summary Table
| Aspect | Details |
|---|---|
| Offence | Attempt to commit an offence punishable under BNS |
| Who is liable | Any person who intends and takes steps to commit an offence |
| Elements | Criminal intent, overt act, non-completion of offence |
| Punishment | Same as or slightly less than the completed offence |
| Examples | Attempted murder, theft, poisoning |
| Purpose | Prevent criminal attempts, deter offenders, ensure accountability even for incomplete offences |
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