Section 62: Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment

Overview

Section 62 of the Bhartiya Nyaya Sanhita (BNS) 2023 deals with what happens when someone *tries* to commit a serious crime, but doesn’t quite succeed. It sets a general rule for punishing these attempts. If there isn’t a specific law already stating the punishment for attempting a particular crime, this section steps in. It essentially says that attempting a crime that could lead to life imprisonment or a long prison sentence will also be punished, though usually with a lesser sentence than if the crime had been completed.

Key Ingredients of the Offence

• Mental element (mens rea): The person must have intended to commit the full crime. It’s not enough to just accidentally start doing something that looks like a crime; they must have a clear intention.
• Physical act (actus reus): The person must take some step towards committing the crime. This step must go beyond just thinking about it or planning it. It needs to be an actual action that shows they were trying to carry out the crime.
• Specific circumstances or conditions required: The attempt must be directed towards a crime punishable with life imprisonment or other imprisonment. This section doesn’t apply to attempts to commit minor offences.

Punishment under BNS

According to Section 62, if someone attempts to commit a crime punishable with life imprisonment, they can be punished with imprisonment for life. If the crime they attempted carried a fixed term of imprisonment, the punishment for the attempt will be up to half of that maximum imprisonment term. A fine may also be imposed, similar to the fine that would be levied if the crime had been completed.

Important Explanations / Provisos

This section operates as a general rule. If any other part of the BNS or another law specifically states a different punishment for attempting a particular crime, that specific law will take precedence. There are no specific explanations or provisos within Section 62 itself.

Illustrations and Practical Examples

• Example 1: A person buys a gun and waits outside someone’s house with the intention of murdering them, but is apprehended by the police before they can carry out the act. This would be an attempt to commit murder, and Section 62 would apply.
• Example 2: Someone starts filling a bag with items from a shop, intending to steal them, but changes their mind and puts the items back before leaving the shop. This might not be considered an ‘attempt’ because the action didn’t go far enough towards completing the theft. The level of action required is a matter for the court to decide.

Difference from Old IPC Provision (if applicable)

Section 62 of the BNS largely mirrors Section 511 of the Indian Penal Code (IPC). The core principle of punishing attempts with up to half the maximum punishment remains consistent. There are no significant changes in this provision.

Nature and Procedure of Offence

• Whether the offence is cognizable or non-cognizable: This is not specified within Section 62 itself and would depend on the specific crime being attempted.
• Whether the offence is bailable or non-bailable: This is not specified within Section 62 itself and would depend on the specific crime being attempted.
• Which court is generally competent to try the case: The court competent to try the case will be determined by the nature of the attempted offence, as per the general provisions of the BNS regarding jurisdiction.

Key Takeaways

Remember that attempting to commit a serious crime is itself a punishable offence under Section 62 of the BNS. The punishment is generally less severe than for completing the crime, but can still be significant. The key is that the person must have a clear intention to commit the crime and take a substantial step towards carrying it out. The specific punishment will depend on the maximum punishment for the completed crime.