A STUDY OF PROVISIONS RELATED TO ATTEMPTS UNDER BHARATIYA
NYAYA SANHITA 2023
BL306 LAW OF CRIMES - PENAL CODE
SUBMITTED BY:
MITHURAJ KALITA
UID NO: SM0123031
SEMESTER III, YEAR 2
SUBMITTED TO:
Dr. NISHA AMOL CHAVHAN
(GUEST FACULTY OF LAW)
NATIONAL LAW UNIVERSITY AND JUDICIAL ACADEMY, ASSAM
TABLE OF CONTENTS
INTRODUCTION.......................................................................................................................................................................
OBJECTIVES.............................................................................................................................................................................
RESEARCH METHODOLOGY................................................................................................................................................
CHAPTER 1 - DEFINITION OF “ATTEMPT” UNDER CRIMINAL LAW IN INDIA.........................................................
CHAPTER 2 - ATTEMPT UNDER BHARATYA NYAYA SANHITA 2023.........................................................................
CHAPTER 3 - SECTION 62 OF THE BHARATIYA NYAYA SANHITA 2023....................................................................
IMPORTANCE OF SECTION 62.................................................................................................................................
CHAPTER 4 - PRINCIPLES GOVERNING ATTEMPTS UNDER BHARATIYA NYAYA SANHITA
2023.............................................................................................................................................................................................
CHAPTER 5 - CASE LAWS RELATING TO ATTEMPTS OF CRIME AS AN OFFENCE.................................................
1. ABHAYANAND MISHRA V. STATE OF BIHAR, 1961 SCC ONLINE SC 67..........................................................
2. STATE OF MAHARASHTRA V. MOHD. YAKUB, (1980) 3 SCC 57........................................................................
3. OM PRAKASH V. STATE OF PUNJAB, 1961 SCC ONLINE SC 72..........................................................................
CONCLUSION...........................................................................................................................................................................
BIBLIOGRAPHY.......................................................................................................................................................................
INTRODUCTION
The colonial-era Indian Penal Code, 1860, was superseded by the Bharatiya Nyaya Sanhita, 2023
(BNS). The BNS, which is envisioned as a contemporary and indigenous codification of criminal
laws, seeks to ensure the effectiveness and fairness of the criminal justice system while reflecting
the changing socio-legal demands of the country. It includes a number of reforms and
modifications, such as provisions to handle modern offenses, simplified terminology, and an
emphasis on victim-centric justice. In order to bring India's penal laws into line with both the
dynamic realities of 21st-century society and constitutional ideals, the BNS is more than just a
revision—it is a reinvention.1
The regulations pertaining to criminal attempts are particularly important among the BNS's many
sections. Attempt highlights the preventive and deterrent nature of criminal law since it is the act
of intending and starting an infraction but not finishing it. Examining these clauses clarifies how
the law addresses issues of purpose and closeness to the offence while striking a balance between
culpability and the harm prevention principle. By guaranteeing accountability for acts that
jeopardize public safety, even if they do not fully materialize, this area of law also reflects
society's acknowledgement of potential harm. One can see how the BNS maintains justice
through careful evaluations of criminal responsibility by comprehending these clauses.
OBJECTIVES
● To analyze the concept of attempt under criminal law, emphasizing its legal significance
and moral culpability.
● To explore the provisions of the Bharatiya Nyaya Sanhita, 2023, related to attempts and
their application in ensuring justice.
● To examine judicial interpretations and landmark cases that delineate the principles
governing attempts as a criminal offense.
RESEARCH METHODOLOGY
This project report analyzed various secondary sources based on a theoretical framework,
including academic articles, journals, and credible websites. Data and findings from the originals
were descriptively analyzed and interpreted to find inferences and conclusions to grasp the topic
thoroughly. A doctrinal research method was adopted for the results.
CHAPTER 1 - DEFINITION OF “ATTEMPT” UNDER CRIMINAL LAW IN INDIA
Generally speaking, an attempt is an endeavor to perform, accomplish, solve, or have an effect.
In criminal law, an attempt is defined as an effort to carry out or execute a crime. After all
preparations have been completed, an attempt entails taking a direct step toward committing an
1 Aaratrika Bhaumik, Revised Criminal Law Bills: The Key Changes | Explained, THE HINDU, Dec. 18,
2023, https://www.thehindu.com/news/national/revised-criminal-law-bills-the-key-changes-explained/
article67637348.ece (last visited Nov 29, 2024).
offense. Given the intent and activities involved in committing the crime, the law views an
attempt as almost as serious as the actual offense.2 The word 'attempt' strongly suggests that the
offense charged would have been committed if the attempt had been successful. Put differently,
an attempt is a direct step toward committing a crime once preparations have been completed.
Criminal culpability starts as soon as a "act" enters the realm of attempt since the attempt brings
the perpetrator very near to successfully completing the crime, making it penalized by the law
similarly to a completed offense. An attempt raises alarm, which is harmful in and of itself, and
the offender's moral responsibility is equal to that of a successful attempt. The penultimate act
does not have to constitute an attempt to commit a crime. It is sufficient in law, if there is at
present an intent coupled with some overt act in execution thereof.3
CHAPTER 2 - ATTEMPT UNDER BHARATYA NYAYA SANHITA 2023
The word attempt has been mentioned 119 times in the BNS. While the Bharatiya Nyaya
Sanhita 2023 does not provide a specific definition of ‘attempt,’ it addresses attempts in various
ways.4
1. Offences Against the State: Crimes such as waging or attempting to wage war against the
Government of India are covered under this category. The punishment for attempting
these offences is the same as for the completed offence. This reflects the serious nature of
such crimes and the intention behind the attempt.
2. Separate Punishment for Attempt: The BNS distinguishes between the attempt to commit
a crime and the commission of the crime itself. Each has distinct punishments. For
example, an attempt to Commit Murder is punishable under Section 109 of BNS but an
attempt to Commit Culpable Homicide Not Amounting to Murder is punishable under
Section 110 of BNS. This distinction ensures that attempts are penalized appropriately,
reflecting the seriousness of the intent and actions involved.
3. Attempted Suicide: Under the Indian Penal Code (IPC), Section 309 made attempted
suicide a punishable offence. However, this provision has been omitted in the BNS,
reflecting a more modern approach to mental health and recognizing that individuals who
attempt suicide need help rather than punishment.
2 Mariya Paliwala, Attempt as a Punishable Offence Under Indian Penal Code, 1860, IPLEADERS (Dec. 7,
2019), https://blog.ipleaders.in/attempt-under-ipc/ (last visited Nov 29, 2024).
3 1. Indian Penal Code - Chapter 7 - Attempt To Commit A Crime,
http://student.manupatra.com/Academic/Abk/Indian-Penal-Code/chapter7.htm#a2 (last visited Nov 29,
2024).
4 Understanding Attempt and Theories of Attempt Under BNS (Bharatiya Nyaya Sanhita), (Jul. 21, 2024),
https://sudhirrao.com/understanding-attempt-and-theories-of-attempt-under-bns-bharatiya-nyaya-sanhita/,
https://sudhirrao.com/understanding-attempt-and-theories-of-attempt-under-bns-bharatiya-nyaya-sanhita/
(last visited Nov 29, 2024).
The list is not exhaustive.
CHAPTER 3 - SECTION 62 OF THE BHARATIYA NYAYA SANHITA 2023
While attempts for various crimes are dealt with in different sections under the BNS, there is one
section that serves as a catch-all provision for attempts. That section is Section 62 of BNS -
“Punishment for attempting to commit offences punishable with imprisonment for life or other
imprisonment.
Of attempt
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. Ais guilty under this
Section.”
Section 62 of the Bharatiya Nyaya Sanhita (BNS) establishes the legal consequences for
attempting to commit offenses that are punishable by imprisonment for life or other terms of
imprisonment.5 This section emphasizes that attempting to commit a crime, even if it is not
completed, is itself a punishable offense, holding individuals accountable for actions taken
toward committing a crime.
EXAMPLES OF ATTEMPTS UNDER SECTION 62
5 Indian Penal Code - Chapter 7 - Attempt To Commit A Crime,
http://student.manupatra.com/Academic/Abk/Indian-Penal-Code/chapter7.htm#a2 (last visited Nov 29,
2024).
Example 1: A person attempts to commit murder but is stopped before the act is completed.
Since murder is punishable by life imprisonment or death, the attempt alone can lead to a
sentence of up to seven years in prison under Section 62.
Example 2: An individual tries to commit burglary by breaking into a house but is caught before
taking any valuables. Since burglary is punishable by imprisonment, the attempt to burglarize is
itself an offense under Section 62, warranting a prison sentence, though typically less than if the
burglary had been completed.6
APPLICABILITY OF SECTION 62
This section applies when an individual makes an attempt to commit an offense that is
punishable by either Life imprisonment or a fixed term of imprisonment (any offense that has a
prison sentence as punishment). Section 62 covers both serious offenses (punishable by life
imprisonment) and other imprisonable offenses, recognizing that an attempt to commit any crime
warrants legal accountability.
ATTEMPT AS A PUNISHABLE OFFENSE
An attempt is defined as an intentional act aimed at committing a crime, where the act goes
beyond mere preparation and moves toward execution of the offense. Even if the offense is not
completed, the actions taken in furtherance of the crime are sufficient to establish liability under
this section.7
PUNISHMENT FOR ATTEMPTING OFFENSES
For offenses punishable by life imprisonment, an attempt to commit the offense can result in a
punishment of up to seven years of imprisonment and may also include a fine.
For other imprisonable offenses, the punishment for an attempt may vary but typically includes a
lesser term of imprisonment than if the offense had been completed, along with possible fines.
DISTINGUISHING ATTEMPT FROM PREPARATION
Section 62 applies only when the act goes beyond preparation and is directly connected to the
execution of the offense.
Preparation involves planning and arranging resources, whereas an attempt is the actual effort to
carry out the crime. An attempt indicates clear intent to commit the offense and involves actions
taken toward completing it.
PURPOSE OF SECTION 62
This section acts as a deterrent against criminal attempts, sending a clear message that even
unsuccessful efforts to commit crimes are legally punishable.
6 SECTION 62 BNS - Bharatiya Nyaya Sanhita 2023, LAWRATO.COM, https://lawrato.com/bharatiya-nyaya-
sanhita/bns-section-62 (last visited Nov 29, 2024).
7 Understanding Section 511 IPC: Attempts & Punishments, https://www.ezylegal.in/blogs/section-511-
ipc-punishment-for-attempting-to-commit-offences (last visited Nov 29, 2024).
It aims to prevent individuals from engaging in actions that pose a risk to society, even if the
intended offense is not fully realized.
LEGAL ACCOUNTABILITY FOR INCOMPLETE CRIMES
By penalizing attempts, Section 62 ensures that individuals who demonstrate criminal intent and
take concrete steps toward a crime are held accountable, reinforcing the importance of
preventing harm before it occurs.
IMPORTANCE OF SECTION 62
Section 62 upholds the principle that criminal intent and actions toward committing an offense
are punishable, even if the crime is not completed. This provision reinforces the legal system’s
preventive approach, holding individuals accountable for the potential threat they pose by taking
steps toward criminal acts.In summary, Section 62 of the BNS provides for the punishment of
attempts to commit offenses punishable by life imprisonment or other imprisonment,
emphasizing that incomplete criminal acts are still subject to legal consequences. This section
deters individuals from initiating criminal activities, supporting public safety by addressing
criminal intent and actions early in the process.
CHAPTER 4 - PRINCIPLES GOVERNING ATTEMPTS UNDER BHARATIYA NYAYA
SANHITA 20238
Three main theories guide the determination of what constitutes an attempt:
1. Proximity Theory or Test - This theory focuses on the closeness of the act to the completion of
the substantive offence. Courts evaluate whether the accused’s actions are near committing the
crime. The nearer the act is to the intended crime, the stronger the case for it being an attempt.
This theory helps determine the point at which preparatory actions turn into an attempt.
Example: In a theft case, if a person forcefully breaks open a door intending to steal but is caught
before taking anything, breaking the door is considered an attempt due to its proximity to the
intended theft.
2. Doctrine of Locus Paenitentiae - This doctrine applies when someone voluntarily abandons the
attempt before completing the offence. If the accused genuinely changes their mind and stops the
criminal activity, the act may be viewed as mere preparation, not an attempt. This principle
recognizes that individuals can have a change of heart and abandon criminal plans, thus
distinguishing between those who persist and those who desist.
Example: If someone plans to rob a bank but changes their mind upon arrival and leaves, the act
may be considered mere preparation because of the abandonment.9
8 Understanding Section 511 IPC: Attempts & Punishments, https://www.ezylegal.in/blogs/section-511-
ipc-punishment-for-attempting-to-commit-offences (last visited Nov 29, 2024).
9 Understanding Attempt and Theories of Attempt Under BNS (Bharatiya Nyaya Sanhita), (Jul. 21, 2024),
https://sudhirrao.com/understanding-attempt-and-theories-of-attempt-under-bns-bharatiya-nyaya-sanhita/,
https://sudhirrao.com/understanding-attempt-and-theories-of-attempt-under-bns-bharatiya-nyaya-sanhita/
(last visited Nov 29, 2024).
3. Impossibility Theory or Test - This theory evaluates whether an act qualifies as an attempt
despite facing external hindrances or the impossibility of completing the intended crime. The
focus is on the intent and actions of the accused rather than the success or failure of the attempt.
This theory ensures that attempts are punishable even if the crime cannot be completed due to
unforeseen circumstances.
Example: If a person tries to pickpocket someone unaware that the pocket is empty, the act is
still an attempt because it shows a direct move towards committing the crime, even though the
crime was impossible due to external factors.
CHAPTER 5 - CASE LAWS RELATING TO ATTEMPTS OF CRIME AS AN OFFENCE
Here are some famous case laws that would help understand provisions related to an attempt at a
crime.
1. ABHAYANAND MISHRA V. STATE OF BIHAR, 1961 SCC ONLINE SC 6710
The legal grounds underpinning efforts to commit a crime under Sections 420 and 511 of the
Indian Penal Code (IPC) are clarified by the landmark ruling in the Abhayanand Mishra v. State
of Bihar case. In order to obtain permission to sit for the M.A. exam, the appellant, Abhayanand
Mishra, submitted fraudulent documents to Patna University and falsely claimed to be a
graduate. After his false statements were exposed, Mishra was charged with trying to defraud the
University.
Whether Mishra's conduct amounted to an attempt or merely preparation to commit the crime
was the main point of contention. The accused must intend to commit the crime, make
significant preparations, and carry out overt actions leading to its commission in order for an act
to be considered an attempt, the Supreme Court stressed. In this instance, Mishra's submission of
fictitious documentation and receipt of an admission card—which is deemed "property" because
of its monetary value—went beyond simple preparation and qualified as an attempt to deceive
under Section 420.
The Court determined that the appellant's conviction under Section 511 was justified since the
issuing of the entrance card, even though it was later withdrawn, showed that his objective had
materialized. The judgment underscored that the act does not need to be the penultimate step but
must be proximate enough to the offence’s commission.
By emphasizing the legal threshold at which preparation turns into responsible conduct, this
decision upholds the norms of criminal attempts and ensures accountability for actions that pose
a risk to society.
10 Abhayanand Mishra vs State of Bihar - Case Analysis, TESTBOOK, https://testbook.com/landmark-
judgements/abhayanand-mishra-v-state-of-bihar (last visited Nov 29, 2024).
2. STATE OF MAHARASHTRA V. MOHD. YAKUB, (1980) 3 SCC 5711
A landmark Supreme Court ruling in the State of Maharashtra v. Mohd. Yakub case establishes
the legal line between preparation from attempt under Section 511 of the Indian Penal Code
(IPC), 1860. The case started when cars carrying silver ingots were stopped by customs officers
close to Kaman Creek, reportedly for unlawful export. Following an inquiry, 43 silver ingots
were seized, and the defendants were accused of trying to export the silver unlawfully in
violation of many laws, including Section 5 of the Imports and Exports (Control) Act of 1947
and Section 135(a) of the Customs Act of 1962.
The Bombay High Court and the Additional Sessions Judge cleared the accused notwithstanding
the trial court's conviction, arguing that their activities were only preparation and not an attempt
because the ingots had not been loaded onto a boat for export. The Supreme Court considered
whether the accused's conduct went beyond preparation to qualify as an attempt to commit the
crime after the appeal.
The Court explained that when activities show a clear purpose to commit an offense and take
concrete steps to do so, that is an effort. It concluded that in this instance, the actions of moving
the silver to the creek and dumping it signaled an impending smuggling effort, meeting the
requirements of Section 511 IPC.
The accused were found guilty of trying to illegally export silver after the Supreme Court
reversed the acquittals. This ruling reaffirmed culpability for actions that approach the
accomplishment of the offense and emphasized that the difference between preparation and
attempt relies on how close and direct the acts are to the crime.
3. OM PRAKASH V. STATE OF PUNJAB, 1961 SCC ONLINE SC 7212
A well-known Supreme Court ruling that examines the idea of attempt in relation to theft under
Section 511 of the Indian Penal Code (IPC), 1860, is Om Prakash v. State of Punjab. The case
started when Om Prakash, the appellant, was discovered allegedly planning to steal food grains
by tampering with the locks of a godown.
In addition to breaching one lock, the appellant tried to open another before being caught. He
was accused of attempting to commit theft under Section 511 IPC. He was found guilty by the
trial court, and the High Court confirmed the verdict. The main question on appeal to the
Supreme Court was whether the appellant's conduct were preparation or an attempt at theft.
The difference between preparation and attempt was examined by the Supreme Court. According
to the ruling, an attempt is made when the accused shows a clear desire to carry out the offense
by acting actively toward doing it rather than just preparing for it. In this instance, breaking the
11 State of Maharashtra vs Mohd Yakub, 1980 AIR 1111 - Case Analysis, TESTBOOK,
https://testbook.com/landmark-judgements/state-of-maharashtra-vs-mohd-yakub (last visited Nov 29,
2024).
12 Om Prakash v. State of Punjab (1961) - iPleaders, https://blog.ipleaders.in/om-prakash-v-state-of-
punjab-1961/ (last visited Nov 29, 2024).
lock and trying to unlock the second lock on the godown were actions that were closely related
to stealing, making them attempts under Section 511 IPC.
The conviction was upheld by the court, which emphasized that an attempt is defined as any
action that shows a clear desire to commit a crime and moves straight toward its commission.
This ruling upheld the idea that attempts to stop crimes from being carried out and to discourage
people from doing activities that are close to committing crimes are punishable.
CONCLUSION
The Bharatiya Nyaya Sanhita, 2023, marks a significant transformation in Indian criminal
jurisprudence, replacing the colonial-era Indian Penal Code with a framework tailored to the
nation's evolving socio-legal landscape. The provisions on attempts under the BNS reflect a
nuanced understanding of criminal liability, balancing intent, action, and the principle of harm
prevention. By penalizing attempts, the law acknowledges the moral culpability and potential
danger posed by acts that, while incomplete, demonstrate a clear intention to commit offenses.
The BNS’s focus on proximity, voluntary abandonment, and impossibility in determining
attempts highlights its adaptability to diverse circumstances while maintaining justice and
deterrence.
Section 62 of the BNS, in particular, serves as a cornerstone in addressing criminal attempts,
providing clear guidance on punishment and ensuring accountability for acts nearing the
commission of crimes. Through landmark cases such as Abhayanand Mishra v. State of Bihar
and State of Maharashtra v. Mohd. Yakub, the courts have consistently reinforced the principle
that an attempt goes beyond mere preparation and demands penal consequences. This approach,
coupled with the BNS’s modern reforms, underscores the Indian legal system’s commitment to
upholding public safety and deterring criminal behavior, thus creating a robust and equitable
framework for addressing attempts in criminal law.
BIBLIOGRAPHY
1. Aaratrika Bhaumik, Revised Criminal Law Bills: The Key Changes | Explained, THE
HINDU, Dec. 18, 2023, https://www.thehindu.com/news/national/revised-criminal-law-
bills-the-key-changes-explained/article67637348.ece (last visited Nov 29, 2024).
2. Attempt Definition & Meaning - Merriam-Webster,
https://www.merriam-webster.com/dictionary/attempt (last visited Nov 29, 2024).
3. Mariya Paliwala, Attempt as a Punishable Offence Under Indian Penal Code, 1860,
IPLEADERS (Dec. 7, 2019), https://blog.ipleaders.in/attempt-under-ipc/ (last visited Nov
29, 2024).
4. Understanding Attempt and Theories of Attempt Under BNS (Bharatiya Nyaya Sanhita),
(Jul. 21, 2024), https://sudhirrao.com/understanding-attempt-and-theories-of-attempt-
under-bns-bharatiya-nyaya-sanhita/, https://sudhirrao.com/understanding-attempt-and-
theories-of-attempt-under-bns-bharatiya-nyaya-sanhita/ (last visited Nov 29, 2024).
5. Indian Penal Code - Chapter 7 - Attempt To Commit A Crime,
http://student.manupatra.com/Academic/Abk/Indian-Penal-Code/chapter7.htm#a2 (last
visited Nov 29, 2024).
6. Indian Penal Code - Chapter 7 - Attempt To Commit A Crime,
http://student.manupatra.com/Academic/Abk/Indian-Penal-Code/chapter7.htm#a2 (last
visited Nov 29, 2024).
7. SECTION 62 BNS - Bharatiya Nyaya Sanhita 2023, LAWRATO.COM,
https://lawrato.com/bharatiya-nyaya-sanhita/bns-section-62 (last visited Nov 29, 2024).
8. Understanding Section 511 IPC: Attempts & Punishments,
https://www.ezylegal.in/blogs/section-511-ipc-punishment-for-attempting-to-commit-
offences (last visited Nov 29, 2024).
9. Abhayanand Mishra vs State of Bihar - Case Analysis, TESTBOOK,
https://testbook.com/landmark-judgements/abhayanand-mishra-v-state-of-bihar (last
visited Nov 29, 2024).
10. State of Maharashtra vs Mohd Yakub, 1980 AIR 1111 - Case Analysis, TESTBOOK,
https://testbook.com/landmark-judgements/state-of-maharashtra-vs-mohd-yakub (last
visited Nov 29, 2024).
11. Om Prakash v. State of Punjab (1961) - iPleaders, https://blog.ipleaders.in/om-prakash-v-
state-of-punjab-1961/ (last visited Nov 29, 2024).
