Section 62 BNS of the Bharatiya Nyaya Sanhita (BNS) 2023 deals with the punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment. This provision highlights that even if the main offence isn’t completed, a person who attempts a punishable offence still faces criminal liability.

The intent behind Section 62 of BNS 2023 is preventive—it penalizes early criminal conduct before serious harm occurs. It ensures legal consequences for individuals who, despite failing to complete the act, took concrete steps toward committing crimes like murder, kidnapping, or robbery.

The law recognizes that such attempts pose real threats to public safety and must be addressed firmly. Therefore, understanding attempt in BNS Section 62 is vital for police, lawyers, judiciary, and citizens. It outlines the proportional punishment, jurisdiction, and fine applicability even for unsuccessful criminal acts under Section 62 BNS. Explore other important Judiciary Notes.

Section 62 BNS

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 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 as a consequence of Z's having nothing in his pocket. A is guilty under this section.

Note: "The information provided above has been sourced from the official website, i.e., Indian Code. While the content has been presented here for reference, no modifications have been made to the original laws and orders" 

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To further clarify its scope and intention Section 62 of BNS also addresses specific situations where a person makes an attempt to commit a punishable offence but fails to carry it through. This provision applies to any offence under the Bharatiya Nyaya Sanhita that is punishable with imprisonment for life or other imprisonment. When such an attempt is made, and there is no specific punishment prescribed elsewhere, Section 62 of BNS 2023 fills the gap by imposing a clear penalty.

Key highlights of Section 62 BNS include:

• Attempt to commit offences: It applies to attempts involving crimes that are serious and legally classified as punishable by life imprisonment or a fixed jail term.
• Absence of specific provision: When the Sanhita does not specify how to penalize an attempt, section 62 of BNS act takes effect.
• Section 62 BNS punishment: The offender may face imprisonment of the same kind as the main offence but for a term not exceeding half of the maximum punishment—this applies to both life terms and fixed sentences.
• Fine and/or imprisonment: The court also has the option to impose a fine or combine both penalties, depending on the gravity of the attempted section 62 BNS scenario.
• Illustrative examples: The section 62 2 BNS provision gives illustrations—for instance, if a person tries to commit a crime but is stopped due to external factors, the law still holds them accountable.

Ultimately, under Section 62 BNS even if a crime is not completed, a person who takes actionable steps toward it cannot escape justice . This ensures consistency in legal accountability and strengthens deterrence reflecting the preventive spirit of the law .

Section 62 BNS Essential Elements

To invoke Section 62 BNS, the following elements must be fulfilled:

• Criminal Intent: The offender must have a clear intent to commit a punishable offence.
• Action Beyond Preparation: There must be an overt act indicating progress toward committing the offence.
• Lack of Completion: The actual crime must remain uncompleted.
• No Other Provision: The Sanhita must not contain a separate penalty for the attempted act.

These four points define the boundary between preparation and attempt. Mere planning isn't enough for liability under Section 62 BNS—action is essential.

The nature of Section 62 BNS is preventive and deterrent. It punishes people who attempt to harm society, even if they do not succeed. The provision covers both attempts to commit life imprisonment offences and those with a fixed sentence.

Its scope extends to any criminal act where the attempt is real, direct, and intentional. If the full offence is non-bailable, the section 62 BNS bailable or non bailable status also becomes non-bailable. Similarly, the 62 BNS triable by which court aligns with the original offence.

Whether it’s an attempted theft, assault, or homicide, this section ensures serious consequences. This strengthens legal enforcement and protects citizens from criminal planning gone wrong.

Comparison: Section 62 BNS vs IPC Section 511

Before BNS, similar conduct was covered under Indian Penal Code (IPC). The transition to Section 62 BNS preserved the structure while fitting into the reformed legal framework under the Bharatiya Nyaya Sanhita.

Section 62 BNS Judicial Interpretation 

Indian courts have consistently affirmed the seriousness of attempts. The judiciary distinguishes between intent, preparation, and actual attempt. For example, in Koppula Venkat Rao v. State of A.P., the Supreme Court ruled that an incomplete act with intent to rape was still punishable.

The court evaluates how close the act was to the intended offence. If the accused did more than just plan—such as acquiring tools or initiating the crime—under Section 62 BNS, courts are likely to convict.

The interpretation also guides whether section 62 BNS punishment is proportionate, and whether bail or court jurisdiction follows that of the original offence.

Section 62 BNS Landmark Cases 

The Indian judiciary has clarified the application of laws similar to section 62 BNS through past rulings under IPC Sections. The landmark Judgments relating to the section are as follows-

• Koppula Venkat Rao v. State of Andhra Pradesh (2004): Attempted rape without penetration was held punishable.
• State of Maharashtra v. Mohd. Yakub (1980): In this case of Mohd. Yakub's attempt to smuggle gold thwarted at an early stage still constituted an offence.
• Abhayanand Mishra v. State of Bihar (1961): Submitting forged documents for job selection amounted to criminal attempt.
• Malkiat Singh v. State of Punjab (1970): In this case of Malkiat singh there was an attempted illegal transportation and was penalized despite no loss or harm.
• State of Rajasthan v. Shiv Charan (1980): Clarified that both intent and overt act are essential in defining an attempt.

These decisions highlight that the judiciary upholds the penal nature of Section 62 BNS act, punishing individuals who exhibit harmful intent and action.

Section 62 BNS Impact 

The inclusion of Section 62 BNS has far-reaching effects. It empowers police to act before a crime is fully committed. Prosecutors can secure convictions for real threats even when the offence wasn’t completed.

It modernizes what was once covered by 62 BNS in IPC section (IPC Section 511), updating the law to reflect modern criminal dynamics. Society benefits from better safeguards, and the law sends a message—attempted crime is still crime.

Moreover, judicial guidance ensures that section 62 BNS punishment is not applied arbitrarily. It’s guided by legal reasoning, criminal history, and context.

Conclusion 

Section 62 BNS reinforces the legal principle that criminal attempts deserve punishment. Whether the act was interrupted, failed, or abandoned, the law recognizes its potential threat.

This provision ensures that offenders cannot avoid justice due to incomplete execution. It aligns with the gravity of the original offence and brings uniformity in sentencing. Courts assess attempt in BNS Section 62 based on direct action, intent, and danger caused.

From section 62 2 BNS illustrations to clarity in trial jurisdiction and bailability, the section is well-integrated. Whether it’s section 62 BNS bailable or non bailable, or 62 BNS triable by which court, the law’s application reflects fairness and accountability.

By replacing 62 BNS in IPC section, the Bharatiya Nyaya Sanhita has elevated the standard of criminal law enforcement. Under Section 62 BNS, India strengthens its justice system—one that punishes not just acts, but dangerous intent backed by action.