BNS Section 62 – Punishment For Attempting To Commit Offences Punishable With Imprisonment For Life Or Other Imprisonment

Section 62 of the Bharatiya Nyaya Sanhita (BNS) talks about what happens when someone tries to commit a serious crime but does not succeed in completing it. The criminal law punishes not only the crimes that are successfully completed but also the intentional steps taken to commit them still punishable. BNS Section 62 of the Bharatiya Nyaya Sanhita, 2023, is the general provision that deals with the punishment for attempting to commit an offence when the law does not provide a specific section for that particular attempt. The BNS Section 62 is the equivalent of the old Indian Penal Code (IPC) Section 511.

Legal Provision

The official definition of the offence under BNS Section 62 is: 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 the offence, or with fine, or with both.”  

Illustrations:

• (Theft in an Empty Box): A breaks open a safe with the intention of stealing jewellery. After opening it, A finds the safe is completely empty. A has performed an act towards the commission of theft and is guilty of an attempt under this section.
• (Empty Pocket): A thrusts their hand into Z's pocket intending to pickpocket them. A fails because Z's pocket is empty. A is still guilty of an attempt under this section.

Simple Example:

• Attempted Poisoning: A buys a poisonous substance and mixes it into Z's food, intending to kill Z. Before Z consumes the food, B (a third person) notices the change in colour and throws the food away. Since the full offence (murder/culpable homicide) has its own specific attempt section (BNS 107/110), this section, BNS 62, would apply if A had attempted to commit a crime like, say, causing grievous hurt (if there was no specific section for that attempt). BNS 62 acts as a 'catch-all' for attempts where the law is otherwise silent.

Simplified Explanation of BNS Section 62

This section is essentially the general law for ‘Incomplete Crimes' or 'Attempts.’ It applies when someone intends to commit a serious crime (one punishable with imprisonment or life imprisonment) but fails to complete it, and there is no separate section in the BNS defining the punishment for that specific attempt.

The law breaks down into three critical components

1. Intention (Mens Rea): The person must have the clear intention (guilty mind) to commit the actual, full offence.
2. Overt Act (Actus Reus): They must perform a direct, physical act to commit the crime. This must be more than just mere preparation (like buying a knife); it must be a step directly connected to the commission of the crime (like running towards the victim with the knife).
3. Failure and Absence of Specific Law: The act must fail (the full crime is not committed), and there must be no other express provision in the BNS to punish that specific attempt. This is why it is called the residuary provision.

Practical Examples Illustrating BNS Section 62

BNS Section 62 covers attempts of most offences that do not have their own specific attempt sections (like attempt to murder, which is covered separately).

1. Attempt to Commit Cheating (If no specific section applies): A sends a fraudulent email (a step towards the offence) to Z, asking Z to transfer money to A's account. Z deletes the email before reading it, so the act of cheating is not completed. A can be prosecuted for the attempt to cheat under BNS 62.
2. Attempt to Commit Extortion: A writes a threatening letter to Z, demanding money, and places it in Z's mailbox (an act towards the commission of the offence). Before Z opens the mailbox, A's friend, B, retrieves the letter. Since BNS 308 specifically covers extortion, this scenario may be dealt with by the specific provisions related to attempting extortion or putting a person in fear for extortion, but if it fell outside those specific clauses, BNS 62 would be the fallback provision.
3. Attempt to Commit Mischief by Fire: A collects highly flammable materials near Z's house, pours an accelerant, and strikes a match (an overt act). A is apprehended by a neighbour just as the match ignites and before the fire spreads. A has attempted to commit the offence of 'Mischief by Fire' punishable with imprisonment, and BNS 62 would apply.

Key Improvements and Changes: IPC 511 to BNS 62

The core legal principle of penalizing the final stage of criminal preparation (the 'attempt') remains identical between IPC Section 511 and BNS Section 62. The key changes are mainly structural and modernizing: