Section 62 BNS: Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment
Bharatiya Nyaya Sanhita, 2023
Section 62 BNS at a Glance
Section 62 BNS deals with punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment. It is triable by The court by which the offence attempted is triable; it replaced Section 511 IPC on 1 July 2024.
Imprisonment of any description provided for the offence attempted, for up to one-half of the imprisonment for life or one-half of the longest term provided for that offence.
Section 62 BNS Bare Act Text
62. 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 that offence, or with such fine as is provided for the offence, or with both.
Illustrations(a) A makes 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.
Source: Section 62, Bharatiya Nyaya Sanhita, 2023
Section 62 BNS in Simple Words
Section 62 of the Bharatiya Nyaya Sanhita (BNS) deals with attempts to commit offences punishable with imprisonment. It applies when a person does an act towards committing a crime, but the offence is not completed. The law steps in because the person has already crossed the stage of mere thought or preparation and has moved into actual execution. This section is not a separate offence by itself.
It works with the main offence and provides punishment where the attempt is proved. The punishment can extend up to one-half of the longest term provided for the completed offence, or with fine, or with both. In practical terms, this section is often used where police or courts find clear intention and a direct act towards the crime, but the final result does not happen due to interruption, failure, or external circumstances.
Ingredients of Section 62 BNS
- Attempting to commit an offence punishable by the Sanhita with imprisonment for life or imprisonment, or to cause such an offence to be committed
- Doing any act towards the commission of the offence in the course of such attempt
- Absence of an express provision elsewhere in the Sanhita punishing that specific attempt
Punishment Under Section 62 BNS
Imprisonment of any description provided for the offence attempted, for up to one-half of the imprisonment for life or one-half of the longest term provided for that offence.
The fine provided for the offence attempted, in place of imprisonment, or with it.
The First Schedule and Section 320(3) CrPC classify an attempt by reference to the offence attempted, so cognizance, bail, the trial court and compounding all follow that offence.
- Cognizable: According as the offence attempted is cognizable or non-cognizable
- Bailable: According as the offence attempted by the offender is bailable or not
- Compoundable: Where the offence attempted is compoundable, Section 320(3) CrPC lets the attempt be compounded in like manner. Otherwise it cannot be compounded.
An attempt that no other section punishes carries up to one-half of the imprisonment provided for the offence attempted, or the fine provided for it, or both. Cognizance, bail, the trial court and compounding all follow the offence attempted.
Example of Section 62 BNS
When Section 62 BNS Does Not Apply
- The Sanhita makes express provision for punishing the attempt, as Section 109 BNS does for attempt to murder
- The offence attempted is punishable with fine only, rather than with imprisonment for life or imprisonment
- The accused has only prepared to commit the offence and has done no act towards its commission
Section 62 BNS in the IPC (Previous Law)
Section 62 BNS replaces Section 511 IPC from the old criminal code.
Section 511 IPC corresponds to Section 62 BNS. The phrase this Code is replaced by this Sanhita throughout the provision, while preserving identical principles, punishments and illustrations.
View IPC Section 511 →FAQs on Section 62 BNS
Is a mere intention enough for punishment under Section 62 BNS?▼
No. Mere intention is not enough. There must be some act done towards committing the offence, and that act must go beyond preparation.
Under Section 62 BNS, what is the difference between preparation and attempt?▼
Preparation means getting ready to commit an offence. Attempt begins when the person takes a direct step towards completing the offence.
Does Section 62 BNS apply even if the main offence was not completed?▼
Yes. That is the whole purpose of the provision. A failed or interrupted attempt can still be punished if the required intent and act are proved.
Under Section 62 BNS, how does the court decide the punishment?▼
The court looks at the punishment prescribed for the completed offence. The attempt can attract up to one-half of the longest term, along with fine if the facts justify it.
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Sources: Bare Act Text, Bharatiya Nyaya Sanhita, 2023 · Last updated: 16 Oct 2026 ·