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Home › BNS Sections › Section 62
Bharatiya Nyaya Sanhita, 2023 In force since 1 July 2024

Section 62 BNS - Punishment for attempting to commit Offences punishable with Imprisonment for life or other Imprisonment

धारा 62 भारतीय न्याय संहिता (BNS) आजीवन कारावास या कारावास से दंडनीय अपराधों के प्रयास की सजा का सामान्य प्रावधान है - अधिकतम सजा के आधे तक। पुरानी IPC की धारा 511 अब यही धारा 62 BNS है, बिना किसी बदलाव के।

Act
Bharatiya Nyaya Sanhita, 2023
Section
62 - Punishment for attempting to commit Offences punishable with Imprisonment for life or other Imprisonment
Old provision
Section 511 IPC
Punishment
One half of the imprison-ment for life, or imprison-ment not exceeding one-or non-cognizable. half of the longest term,
Cognizable?
According as the offence is co
Bailable?
According as the offence attem
Triable by
The court by which the offence attempted is triable.

Old law → Section 62 BNS

Corresponds toChangeRemarks
Section 511 IPC Renumbered, no change No change.

Section 62 of the Bharatiya Nyaya Sanhita, 2023 (BNS) is the general provision punishing attempts to commit offences - the residuary attempt section formerly known to every criminal lawyer as Section 511 of the Indian Penal Code. The official comparison table records it as renumbered with no change in substance when the BNS came into force on 1 July 2024.

What Section 62 BNS provides

Whoever attempts to commit an offence punishable with imprisonment for life or with imprisonment, or attempts to cause such an offence to be committed, and in such attempt does any act towards the commission of the offence, is punished - where the Sanhita makes no express provision for punishing that attempt - with imprisonment of any description provided for the offence for a term which may extend to one half of 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.

Three features follow from that wording:

  • It is residuary. Section 62 applies only where no express provision punishes the attempt. Some grave offences carry their own specific attempt provisions elsewhere in the code, and those apply instead.
  • The attempt takes the offence's own character. Per the First Schedule, an attempt is cognizable or non-cognizable, and bailable or non-bailable, according as the offence attempted is, and it is triable by the court by which the offence attempted is triable.
  • The cap is half. The attempt can never be punished more heavily than one half of the maximum imprisonment prescribed for the completed offence.

When does preparation become an "attempt"?

The classical stages of a crime are intention, preparation, attempt and commission. Intention and preparation alone are generally not punishable; the attempt is. The line is drawn where the accused, having prepared, does an act towards the commission of the offence with the necessary intent. The act need not be the last act before the crime would be complete, but it must go beyond preparation and be proximately connected to the intended offence. Whether particular conduct crossed that line is intensely fact-specific, which is why attempt cases are argued so closely.

Leading Supreme Court judgments

  • Abhayanand Mishra v. State of Bihar (1961) - an attempt begins once preparation is complete and the offender does an act towards the offence; the act need not be the penultimate one.
  • State of Maharashtra v. Mohd. Yakub (1980) - the act must be proximate to the intended result; carrying silver to the shore for smuggling was held to be an attempt, not mere preparation.

What changed from Section 511 IPC

Nothing of substance. The provision was renumbered from 511 IPC to 62 BNS, and the official comparison table records "no change". The large body of case law on what separates preparation from attempt continues to apply. Note that the BNS itself ends at Section 358, so there is no "Section 511" in the new code - a charge citing the general attempt provision today is a Section 62 BNS charge.

Charged with an attempt, or advising on one? Attempt liability turns on fine factual distinctions between preparation and execution. Talk to a criminal lawyer in your city or browse advocates in the Free Law directory.

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Frequently Asked Questions

What is Section 62 BNS?

Section 62 of the Bharatiya Nyaya Sanhita, 2023 is the general provision punishing attempts to commit offences punishable with imprisonment for life or other imprisonment, where no specific attempt provision exists. It replaced Section 511 IPC on 1 July 2024 with no change in substance.

What is the punishment for an attempt under Section 62 BNS?

Imprisonment of any description provided for the offence, up to one half of imprisonment for life or one half of the longest term prescribed for the offence, or the fine provided for the offence, or both.

Is an attempt cognizable and bailable?

It follows the offence attempted: the attempt is cognizable or non-cognizable, and bailable or non-bailable, according as the offence attempted is, and it is tried by the same court that would try the completed offence.

What is the difference between preparation and attempt?

Preparation alone is generally not punishable. An attempt begins when, after preparing, the accused does an act towards the commission of the offence with the necessary intent - an act proximately connected to the intended crime, as the Supreme Court explained in Abhayanand Mishra (1961) and Mohd. Yakub (1980).

Does Section 62 BNS apply to every attempted offence?

No. It is residuary - it applies only where the code makes no express provision for punishing that particular attempt. Offences with their own specific attempt provisions are punished under those sections instead.

How much punishment can be awarded for an attempt under Section 62 BNS?

The punishment under Section 62 BNS is capped at up to one half of the imprisonment for life or one half of the longest term of imprisonment provided for the completed offence, or fine, or both.

Did Section 62 BNS change the law from Section 511 IPC?

No, the provision was renumbered from Section 511 IPC to Section 62 BNS with no change in substance according to the official comparison table.

When does preparation become an attempt under Section 62 BNS?

Preparation becomes an attempt when the accused, having prepared, does an act towards the commission of the offence with the necessary intent, going beyond mere preparation and proximate to the intended result.