🧾 Attempt to Commit an Offense – Section 62, Bharatiya Nyaya Sanhita, 2023
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⚖️ Statutory Provision – Section 62, BNS 2023
“Whoever attempts to commit an offense punishable by this Sanhita with imprisonment for life or imprisonment, or to cause such an offense to be committed, and in such attempt does any act towards the commission of the offense, shall, where no express provision is made for the punishment of such attempt, be punished with imprisonment of any description provided for the offense, for a term which may extend to one-half of the longest term of imprisonment provided for that offense, or with such fine as is provided, or with both.”
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🔍 Meaning of Attempt
An attempt is when a person intends to commit a crime and takes a substantial step towards it, but fails to complete it.
It lies between preparation and completion of the crime.
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🧠 Essential Ingredients of an Attempt
Intention (Mens Rea) to commit an offense
Execution (Actus Reus) – doing something more than mere preparation
Proximity to completion of the crime
Failure to complete the offense
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🧩 Examples
Attempt to murder: Shooting a person with intent to kill, but missing the shot.
Attempt to rape: Physical actions stopped or resisted before completion.
Attempt to commit theft: Breaking into a house but caught before stealing.
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🔐 Punishment under Section 62
Maximum punishment is half the maximum term for the full offense.
If the offense is punishable with 10 years, attempt may attract up to 5 years.
Fine or both can also be imposed.
Applies only where no specific attempt provision exists.
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📚 Illustrative Case (based on IPC, relevant to BNS)
Koppula Venkat Rao v. State of Andhra Pradesh (2004):
The accused removed the clothes of a girl but was stopped. It was held as an attempt to rape — he had the intention and had done acts toward committing it.
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✅ Summary
Section 62 of BNS punishes an attempt to commit crimes even if unsuccessful.
Focuses on deterrence and preventive action.
Reflects a shift toward punishing intention plus effort, even if crime fails.
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