BACK TO SECTIONS
Side-by-Side Comparison

511 vs 62

The renumbering of the general catch-all for criminal attempts from the last section of IPC (511) to early in BNS (62).

What Changed?

Renumbered from IPC 511 to BNS 62.

Positioned early in the code (Chapter IV) instead of the very last section (IPC 511).

Term Sanhita replaces Code in the text.

Verdict

"Clarifies liability for failed crimes under the new Sanhita."

Detailed Analysis

OLD LAW (IPC)

511

Act of 1860

Punishment for attempting to commit offences

Whoever attempts to commit an offence punishable by this Code with imprisonment or fine, and in such attempt does any act towards the commission of the offence, shall, where no express provision is made by this Code 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...
PunishmentUp to 1/2 the maximum imprisonment for the offence
REFORM
NEW LAW (BNS)

62

Act of 2024

Punishment for attempting to commit offences

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.
Punishment1/2 of maximum term
1860
511 Origin
2024
62 Reform

Legal Implications

BNS 62 acts as the safety net for all criminal attempts not separately defined. It punishes an attempt with half the maximum term of the actual offence. Moving it from the absolute end of the Code (IPC 511) to the beginning (Chapter IV) is a significant structural modernisation.

Practical Scenarios

"Attempting to swipe a card at a fake machine to steal details (BNS 62)."

"Inserting a key into a neighbour's lock with intent to steal, but being caught before the door opens (BNS 62)."

Expert Q&A

Does the punishment for attempt change in BNS?

No, the one-half of the maximum term rule remains identical to IPC 511.

Does BNS 62 apply to all crimes?

It applies to all crimes punishable with imprisonment where a specific attempt section does not exist. For example, Attempt to Murder is covered by BNS 109, so BNS 62 would not apply there.

What is the punishment formula for attempt under Section 511/BNS 62?

Maximum imprisonment for attempt = 1/2 the maximum for the completed offence. This formula does not apply where a specific attempt provision exists — Section 307 (attempt to murder) has its own penalty.

What is the difference between preparation and attempt?

Preparation is arranging the means — buying a weapon, researching a victim. Attempt begins when a 'direct movement towards commission' is taken after preparations are complete (Abhayanand Mishra, 1961). The window for repentance (locus poenitentiae) closes at the point of attempt.

Can attempting an impossible crime be charged under Section 511?

Yes — attempting to steal from an empty pocket is still an attempt to theft. The impossibility of success does not negate the criminal attempt — the accused's intent and act toward commission are the key elements.

Related IPC Sections

307 : Attempt to Murder...308 : Attempt Culpable Homicide...

Related BNS Sections

103 : Murder...109 : Attempt to Murder...

Deepen Your Legal Knowledge

Explore more side-by-side comparisons of the Indian Law reforms 2024. Detailed analysis for lawyers, students, and legal practitioners.

Explore All Comparisons