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Section 62: Attempting to Commit Offences Punishable with Imprisonment

Bharatiya Nyaya Sanhita • Chapter IV: Of Abetment, Criminal Conspiracy & Attempt • Official Statutory Text & Legal Guide

Chapter IV: Of Abetment, Criminal Conspiracy & Attempt
The court by which offence attempted is triable
According as offence attempted is bailable or non-bailable
According as offence is cognizable or non-cognizable
Formerly Sec 511 IPC
Section 61 All 358 Sections of Bharatiya Nyaya Sanhita Section 63

Legal Commentary & Landmark Judgments: Section 62

Section 62 is the omnibus provision for attempting to commit offences punishable with imprisonment, establishing that whoever attempts to commit an offence and in such attempt does any act towards the commission of the offence, shall be punished with imprisonment extending to one-half of the longest term provided for that offence.

  • Act Towards Commission: Transcends mere preparation; the accused must commit an overt act that would have culminated in the completed crime but for unexpected intervention.
  • One-Half Sentencing Rule: Where no express provision is made for the attempt, the punishment is strictly capped at one-half of the maximum imprisonment for the offence.
  • Four Stages of Crime: Penal law recognizes: (1) Intention, (2) Preparation (not punishable), (3) Attempt (punishable under Section 62), and (4) Completed Crime.
Key Landmark Precedents:
  • Abhayanand Mishra v. State of Bihar (AIR 1961 SC 1698): The Supreme Court formulated the definitive test: a person commits an attempt under Section 511 IPC (Section 62 BNS) when they intend to commit the offence and, having made preparations, take an overt step towards commission, even if the attempt fails due to extraneous factors.
  • State of Maharashtra v. Mohd. Yakub (1980) 3 SCC 57: Three-judge bench held that the measure of attempt is whether the act reached a point where, if uninterrupted, it would have resulted in the completed offence; carrying silver bullion to the sea beach was an attempt to export illegally.
  • Koppula Venkat Rao v. State of A.P. (2004) 3 SCC 602: Reiterated the distinction between preparation and attempt, holding that preparation consists in devising means, whereas attempt is the direct movement towards execution.
Courtroom Practice & Strategic Litigation Guidance:

In defending an attempt charge under Section 62 BNS, argue that your client's conduct remained at the stage of mere preparation: demonstrate that your client had not reached the point of no return and had the absolute locus poenitentiae (opportunity to repent and withdraw).

Section 61 All 358 Sections of Bharatiya Nyaya Sanhita Section 63