Section 62 BNS: Punishment for Attempting to Commit Offences
Section 62 of the Bharatiya Nyaya Sanhita, 2023 provides the general punishment for an attempt to commit an offence punishable with imprisonment for life or other imprisonment when the Sanhita does not separately prescribe a punishment for that attempt.
Text of Section 62 of Bharatiya Nyaya Sanhita, 2023
62. Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment. 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.
What Section 62 BNS means
Section 62 is a general attempt provision. It applies after a person moves beyond mere intention or preparation and, in the attempt, does an act towards committing the offence. The provision also covers an attempt to cause the offence to be committed.
The section operates only where the Bharatiya Nyaya Sanhita does not contain an express provision prescribing punishment for the particular attempt. If a specific attempt offence and punishment are expressly provided elsewhere in the BNS, that specific provision governs the case.
Essential ingredients of Section 62
- There must be an offence punishable under the BNS with imprisonment for life or imprisonment.
- The accused must attempt to commit that offence, or attempt to cause that offence to be committed.
- In the attempt, the accused must do an act towards the commission of the offence.
- There must be no express provision elsewhere in the BNS prescribing punishment for that particular attempt.
Punishment under Section 62 BNS
| Nature of provision | General punishment for attempt where no express attempt punishment is otherwise provided by the BNS. |
|---|---|
| Imprisonment | Imprisonment of any description provided for the underlying offence, for a term which may extend to one-half of the imprisonment for life or one-half of the longest term of imprisonment provided for that offence, as applicable. |
| Fine | The fine provided for the underlying offence may also be imposed. |
| Combination | The punishment may be imprisonment, fine, or both, according to the text of Section 62. |
Why the illustrations are important
The two statutory illustrations show that factual impossibility does not necessarily prevent liability for an attempt once an act towards commission has been done. In illustration (a), the box contains no jewels. In illustration (b), the pocket contains nothing. In each illustration, however, the conduct has progressed to an act towards committing the intended offence, and Section 62 treats the person as guilty of the attempt.
Commencement and current applicability
The Bharatiya Nyaya Sanhita, 2023 is Central Act 45 of 2023. By Ministry of Home Affairs notification S.O. 850(E) dated February 23, 2024, the Central Government appointed July 1, 2024 as the date on which the provisions of the BNS came into force, except sub-section (2) of Section 106. Section 62 is therefore in force.
Official legal references
India Code: The Bharatiya Nyaya Sanhita, 2023 - official text
Ministry of Home Affairs: New Criminal Laws - official resource page
Commencement notification: S.O. 850(E), dated February 23, 2024
Related BNS provisions
For the immediately preceding provision, see Section 61 BNS - Criminal conspiracy. The next provision is Section 63 BNS - Rape.