Introduction of BNS Section 62
BNS Section 62 is a part of the Bharatiya Nyaya Sanhita that addresses the punishment for attempting to commit a crime. It specifically deals with situations where someone tries to commit a crime that could lead to life imprisonment or any other kind of imprisonment. Even if the crime is not fully carried out, taking steps towards committing it can still result in legal consequences.
What is section 62 of BNS ?
Section 62 of the Bharatiya Nyaya Sanhita explains the punishment for a person who attempts to commit a serious crime, such as one that could lead to life imprisonment or other imprisonment. If a person takes any action towards committing the crime, they can be punished, even if the crime is not completed.
BNS Section 62 in Simple Points
Attempt to Commit a Crime:
- This section applies to anyone who tries to commit a serious crime but does not fully succeed.
Action Towards the Crime:
- The person must have taken some clear action toward committing the crime, not just thinking about it.
Punishment Severity:
- The punishment can be up to half of the maximum penalty for the crime that was attempted.
Includes Fines:
- Along with imprisonment, the person may also have to pay a fine, or face both penalties.
Court Trial:
- The case will be tried in the same court that would handle the actual crime if it had been completed.
Section 62 BNS Overview
What is It About?:
- Section 62 covers the punishment for attempting to commit a crime that could result in life imprisonment or other imprisonment.
Incomplete Crime:
- Even if the crime is not completed, if someone takes steps towards it, they can be punished.
Types of Crimes Covered:
- This section applies to serious crimes that have heavy penalties, like life imprisonment.
Punishment Limits:
- The punishment can be up to half of the maximum term of imprisonment for the crime.
Imprisonment or Fine:
- The punishment can include imprisonment, a fine, or both.
Cognizable or Non-Cognizable:
- Whether the crime is cognizable (where police can arrest without a warrant) or non-cognizable depends on the nature of the crime attempted.
Bailable or Non-Bailable:
- Whether the offence is bailable or non-bailable depends on the crime that was attempted.
Court Jurisdiction:
- The court that would have tried the actual crime will also handle the attempt case.
Examples of Attempt:
- If someone tries to break into a house but is caught before stealing anything, they can be punished under this section.
Legal Consequences:
- This section ensures that even failed attempts to commit serious crimes are punished to prevent further criminal activity.
BNS 62 Punishment
Imprisonment:
- If someone attempts a crime under this section, they can be sentenced to up to half of the maximum imprisonment time for the actual crime. For example, if the crime could result in 10 years in prison, the person might face up to 5 years for attempting it.
Fine:
- The person might also be required to pay a fine in addition to imprisonment, depending on what the law states for the actual crime.
BNS 62 bailable or not ?
BNS Section 62 is bailable or non-bailable depends on the nature of the crime that was attempted. For serious crimes, it is usually non-bailable, meaning the person cannot easily get out on bail. For less serious crimes, it may be bailable.
Bharatiya Nyaya Sanhita Section 62
| Section | Offence | Punishment | Cognizable or Non-Cognizable | Bailable or Non-Bailable | By What Court Triable |
|---|---|---|---|---|---|
| 62 | Attempting to commit an offence punishable with life imprisonment or other imprisonment. | Imprisonment up to one-half of the maximum term, or fine, or both. | Cognizable or Non-Cognizable, depending on the crime attempted. | Bailable or Non-Bailable, depending on the crime attempted. | Court by which the offence attempted is triable. |
BNS Section 62 FAQs
BNS 62 Is the offence under this section bailable?
Whether the offence is bailable or not depends on the nature of the crime that was attempted.
What does BNS Section 62 cover?
It covers the punishment for attempting to commit a crime that could lead to life imprisonment or other serious imprisonment.
BNS 62 under Can someone be punished if they fail to commit a crime?
Yes, even if the person fails to complete the crime, they can still be punished if they took steps towards committing it.
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