BACK TO SECTIONSAIR 1961 SC 1698
BNS 2024ACTIVE FRAMEWORK
Section 62
Punishment for attempting to commit offences
Replaces colonial-era: IPC 511
VariesCognizable: VariesVaries
Reform Highlights
1
Renumbered from IPC 511 to BNS 62.
2
Repositioned to Chapter IV with abetment and conspiracy for structural clarity.
3
50% maximum punishment rule preserved.
THE STATUTE
The Clause
Whoever attempts to commit an offence punishable by this Sanhita with imprisonment and in such attempt does any act towards the commission of the offence, shall be punished with imprisonment for a term which may extend to one-half of the longest term provided for that offence.
Legal Commentary
Section 62 is the general 'attempt' provision — it catches all criminal attempts not otherwise specifically defined in the BNS (specific provisions like BNS 109 for attempt to murder carry their own punishments). The section embodies a crucial principle: the state has a legitimate interest in punishing those who have crossed from mere intention (unpunishable) into actual conduct directed at committing an offence. The key phrase is 'does any act towards the commission' — Indian courts use the 'Proximity Test' to determine when preparation ends and attempt begins. The act must be sufficiently proximate (close in time, place, and causation) to the completed offence. Purchasing poison is preparation; adding it to someone's food is attempt. Loading a gun is preparation; pointing it at someone and pulling the trigger (even if it misfires) is attempt. The 50% punishment rule acknowledges that attempt is morally less culpable than completion — the intended victim survived, the harm was averted. BNS 62 applies to a wide range of offences — attempted burglary, attempted extortion, attempted cheating — that lack specific attempt provisions elsewhere.
Landmark Precedents
Abhayanand Mishra v. State of Bihar (1961)
RELEVANCE
The Supreme Court's leading judgment on the distinction between preparation and attempt — applying the proximity test.
Case Simulations
"A pickpocket who reaches into a victim's empty bag — still guilty of attempted theft under BNS 62."
"A person who mixes poison into a colleague's coffee but the colleague does not drink it — attempted murder, punishable up to half the maximum murder sentence."
"A fraudster who creates a fake investment website but attracts no victims — attempted cheating under BNS 62."
Expert Insights
Indian courts use the proximity test: an act is an attempt when it is directly and immediately connected with the intended offence, leaving the person with no further preparatory steps. Buying a knife is preparation; advancing on a victim with it raised is attempt.
Under Indian law, voluntary abandonment after the act of attempt has been committed does not erase liability. Abandonment may be a mitigating factor in sentencing, but it is not a complete defence.