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.
Simplified Explanation
Section 62 of the Bharatiya Nyaya Sanhita (BNS) establishes the legal consequences for attempting to commit offenses that are punishable by imprisonment for life or other terms of imprisonment. This section emphasizes that attempting to commit a crime, even if it is not completed, is itself a punishable offense, holding individuals accountable for actions taken toward committing a crime.
Key Elements of Section 62
- Applicability of Section 62
- This section applies when an individual makes an attempt to commit an offense that is punishable by either:
- Life imprisonment.
- A fixed term of imprisonment (any offense that has a prison sentence as punishment).
- Section 62 covers both serious offenses (punishable by life imprisonment) and other imprisonable offenses, recognizing that an attempt to commit any crime warrants legal accountability.
- This section applies when an individual makes an attempt to commit an offense that is punishable by either:
- Attempt as a Punishable Offense
- An attempt is defined as an intentional act aimed at committing a crime, where the act goes beyond mere preparation and moves toward execution of the offense.
- Even if the offense is not completed, the actions taken in furtherance of the crime are sufficient to establish liability under this section.
- Punishment for Attempting Offenses
- For offenses punishable by life imprisonment, an attempt to commit the offense can result in a punishment of up to seven years of imprisonment and may also include a fine.
- For other imprisonable offenses, the punishment for an attempt may vary but typically includes a lesser term of imprisonment than if the offense had been completed, along with possible fines.
- Examples of Attempts Under Section 62
- Example 1: A person attempts to commit murder but is stopped before the act is completed. Since murder is punishable by life imprisonment or death, the attempt alone can lead to a sentence of up to seven years in prison under Section 62.
- Example 2: An individual tries to commit burglary by breaking into a house but is caught before taking any valuables. Since burglary is punishable by imprisonment, the attempt to burglarize is itself an offense under Section 62, warranting a prison sentence, though typically less than if the burglary had been completed.
- Distinguishing Attempt from Preparation
- Section 62 applies only when the act goes beyond preparation and is directly connected to the execution of the offense.
- Preparation involves planning and arranging resources, whereas an attempt is the actual effort to carry out the crime. An attempt indicates clear intent to commit the offense and involves actions taken toward completing it.
- Purpose of Section 62
- This section acts as a deterrent against criminal attempts, sending a clear message that even unsuccessful efforts to commit crimes are legally punishable.
- It aims to prevent individuals from engaging in actions that pose a risk to society, even if the intended offense is not fully realized.
- Legal Accountability for Incomplete Crimes
- By penalizing attempts, Section 62 ensures that individuals who demonstrate criminal intent and take concrete steps toward a crime are held accountable, reinforcing the importance of preventing harm before it occurs.
Importance of Section 62
Section 62 upholds the principle that criminal intent and actions toward committing an offense are punishable, even if the crime is not completed. This provision reinforces the legal system’s preventive approach, holding individuals accountable for the potential threat they pose by taking steps toward criminal acts.In summary, Section 62 of the BNS provides for the punishment of attempts to commit offenses punishable by life imprisonment or other imprisonment, emphasizing that incomplete criminal acts are still subject to legal consequences. This section deters individuals from initiating criminal activities, supporting public safety by addressing criminal intent and actions early in the process.
