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BNS · Section 62 · Chapter IV — OF ABETMENT, CRIMINAL CONSPIRACY AND ATTEMPT

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

What this section does

Creates a residual punishment for attempts to commit offences punishable with imprisonment for life or other imprisonment, where no specific provision for attempt exists in the Sanhita. The punishment is capped at half the maximum imprisonment prescribed for the completed offence.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Quick reference

Punishment
Imprisonment of any description up to one-half of the imprisonment for life or one-half of the longest term prescribed for the offence, or such fine as is provided for the offence, or both.
Triable by
depends on the offence attempted
Cognizable
Depends
Bailable
Depends
Compoundable
Depends

Ingredients (what prosecution must prove)

  1. The accused attempted to commit an offence punishable under the Sanhita with imprisonment for life or imprisonment
  2. The accused did some act towards the commission of that offence
  3. No express provision for punishment of such attempt exists elsewhere in the Sanhita

Practitioner note

This is a residual/catch-all provision; it applies only where the Sanhita does not elsewhere expressly punish the attempt. The illustrations confirm that impossibility of completion (e.g., empty box, empty pocket) does not negate guilt.

Old-law correspondence

Derived from IPC s.511.

Read the official text

For the binding statutory text of BNS Section 62, refer to the Gazette of India or the India Code official website.

Why this matters

BNS Section 62 forms part of Bharatiya Nyaya Sanhita which replaced the Indian Penal Code 1860 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.