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

Section 62 of the Bharatiya Nyaya Sanhita, 2023 deals with punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment. It replaces IPC 511 of the Indian Penal Code, 1860. Under the BNSS First Schedule, BNS 62 is according as the men offence is cognizable or non-cognizable and according as the offence attempted by the offender is bailable or non-bailable.

Bail, cognizability and punishment

SectionOffencePunishmentCognizableBailableTriable by
62Attempting to commit offence punishable with imprisonment for life, or imprisonment, and in such attempt doing any act towards the commission of the offence.One half of the imprisonment for life, or imprisonment not exceeding one-half of the longest term, provided for the offence, or fine, or both.According as the men offence is cognizable or non-cognizableAccording as the offence attempted by the offender is bailable or non-bailable.The court by which the offence attempted is triable

Source: BNSS, 2023, First Schedule, Part I.

Text of BNS Section 62

62. 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) Amakes 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.

OF OFFENCES AGAINST WOMAN AND CHILD Of sexual offences

IPC sections replaced

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