BNS Section 62: Punishment for Attempting To Commit Offences Punishable With Imprisonment for Life or Other Imprisonment
Life or Other Imprisonment
Section 62 of the Bharatiya Nyaya Sanhita (BNS) is part of Chapter 4 of BNS – abetment, criminal conspiracy and attempt of Abetment. It defines the punishment for attempting to commit offenses punishable with imprisonment for life or other types of imprisonment. This section establishes that individuals who attempt to commit serious crimes that carry heavy penalties, such as life imprisonment, are punishable for their attempts, even if they do not complete the crime.
The provision ensures that attempts to commit serious offenses are treated with the same severity as the actual commission of the crime, reinforcing the law’s commitment to preventing harm and ensuring justice is served for both completed and attempted crimes.
Definition of BNS Section 62
Section 62 of the Bharatiya nyay sanhitha BNS 2023 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.
Explanation and Illustration of Section 62 (Bharatiya Nyaya Sanhita, 2023)
Section 62 of the Bharatiya Nyaya Sanhita (BNS), 2023 addresses the legal consequences of attempting to commit an offense punishable under the code. It provides for punishment when an individual attempts to commit a crime but does not fully succeed in doing so. Here's a breakdown of this section:
1. Whoever Attempts to Commit an Offense
The section covers any individual who attempts to commit a crime that is punishable with either life imprisonment or a specific term of imprisonment under the BNS, 2023. It also includes those who may try to cause someone else to commit the offense. The law focuses not just on the actual commission of the offense but also on the intent and actions taken towards committing it.
2. What Constitutes an Attempt?
An attempt to commit an offense is considered a criminal act even if the person does not complete the crime. It involves doing something that directly leads to or is closely related to the commission of the offense, such as preparing for or taking steps towards committing the crime.
,3. Punishment for Attempt
If an individual is caught attempting to commit such an offense, and there is no specific provision in the Sanhita that describes a punishment for the attempt itself, they can still be punished. The punishment would be imprisonment, which could be:
4. No Specific Provision for the Attempt?
In situations where no express provision for punishment for the attempt exists, Section 62 ensures that the person attempting the offense can still face consequences through the outlined punishment structure.
Illustrations
(a) A tries to steal jewels by breaking open a box, but upon opening it, he finds no jewels inside. Despite the failure, A has taken a step toward committing theft and is thus guilty under this section.
(b) A attempts to pick Z's pocket by reaching into Z's pocket but fails since Z has nothing inside. A is still guilty under this section.
The examples provided are for educational purposes only and do not constitute legal advice. They should not be used for legal proceedings or decision-making. For specific legal matters, please consult a qualified legal professional.
Key Points of BNS 62
BNS-62 addresses the legal consequences of attempting to commit an offence, providing penalties where no specific provisions exist within the Sanhita. Below is a detailed breakdown:
1. Definition of Attempt
2. Offences Covered
3. Punishment for Attempts
Where no specific punishment for an attempt is outlined:
4. Key Definitions
5. Fallback Provision
6. Proportional Punishment
Summary
BNS-62 ensures that individuals attempting to commit serious offences face appropriate penalties, even in the absence of specific provisions, reinforcing accountability for criminal intent and actions.
Differences Between Section 62 of BNS 2023 and its equivalent IPC section
This section outlines the key differences between Section 62 and its equivalent Indian penal code IPC Section 511 focusing on their distinct approaches to definitions, interpretations and legal principles within the framework of criminal law.
| BNS Sections/ Subsections | Subject | IPC Sections | Summary of comparison |
|---|---|---|---|
| 62 | Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment. | 511 | No change. |
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FAQs about Section 62 of the Bharatiya Nyay Sanhita (BNS)
What is Section 62 of the Bharatiya Nyaya Sanhita?
Section 62 addresses the punishment for individuals attempting to commit offenses that are punishable by life imprisonment or other forms of imprisonment. It establishes that the intention to commit a crime, alongside any overt act, constitutes a punishable offense under the law.
What are the key elements of an attempt under Section 62?
The key elements of an attempt under Section 62 include the intention to commit a crime and an overt act towards its execution. Both elements must be present for an individual to be held guilty of an attempt to commit an offense.
What penalties are imposed for attempting to commit an offense under Section 62?
Penalties for attempting to commit an offense under Section 62 may include imprisonment for a term that can extend to the maximum punishment designated for the completed crime, as well as fines. The severity of the penalty typically correlates with the seriousness of the intended offense.
Can an individual be punished for an attempt even if the crime is not completed?
Yes, individuals can be punished under Section 62 even if the crime is not completed. The law recognizes the threat posed by the intention and actions taken towards committing a crime, making attempts subject to legal consequences.
How does Section 62 contribute to crime prevention?
Section 62 plays a crucial role in crime prevention by deterring individuals from attempting to commit serious offenses. By imposing penalties for criminal attempts, the law aims to reduce the likelihood of such acts, thereby enhancing overall public safety and promoting accountability.
What defenses can be raised under Section 62?
Defenses in attempt cases typically involve proving that the individual did not take significant steps toward committing the crime or lacked the intent to complete the crime. If the accused can show that they abandoned the attempt, it may reduce liability.
How does Section 62 relate to other provisions in the BNS?
Section 62 serves as a general provision for punishing attempts when no specific punishment for the attempt is prescribed elsewhere. It works in conjunction with other sections that deal with specific crimes, providing a fallback when attempts are not explicitly covered.
