Section 62 of the Bharatiya Nyaya Sanhita (BNS), 2023
Section 62 of the Bharatiya Nyaya Sanhita (BNS), 2023, addresses the punishment for attempting to commit serious offenses punishable with imprisonment for life or other terms of imprisonment. This provision outlines the legal consequences for individuals who take substantial steps toward committing such offenses but do not complete the act.
๐ Section 62 โ Punishment for Attempting to Commit Offenses Punishable with Imprisonment for Life or Other Imprisonment
Section 62 states:
"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."
This provision ensures that individuals who make a genuine attempt to commit serious offenses are held accountable, even if the offense is not completed.()
โ๏ธ Key Points
Scope: Applies to attempts to commit offenses punishable with imprisonment for life or other terms of imprisonment.
Punishment: If no specific punishment for the attempt is provided, the individual may be punished with imprisonment up to half the term prescribed for the completed offense, or with a fine, or both.
Act Towards Commission: The individual must have done an act towards the commission of the offense, indicating a clear intention to commit the crime.
๐งพ Illustrations
Attempted Theft: A person attempts to steal jewels by breaking open a box but finds it empty. Despite the failure, the act of breaking open the box constitutes an attempt under this section
Attempted Pickpocketing: An individual tries to pick the pocket of another by thrusting a hand into the pocket but fails because the pocket is empty. The attempt is punishable under this section)
๐ Comparison with Indian Penal Code (IPC)
Section 62 of the BNS, 2023, aligns with Section 511 of the Indian Penal Code (IPC), 1860, which deals with the punishment for attempting to commit offenses punishable with imprisonment for life or other terms of imprisonment. Both provisions aim to deter individuals from attempting serious crimes and ensure accountability for such attempts.(
This section underscores the principle that the law does not tolerate attempts to commit serious offenses, even if the crime is not completed, thereby reinforcing the deterrent effect of the legal system.
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