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๐งพ Attempt to Commit an Offense โ Section 62, Bharatiya Nyaya Sanhita, 2023
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โ๏ธ Statutory Provision โ Section 62, BNS 2023
โWhoever attempts to commit an offense punishable by this Sanhita with imprisonment for life or imprisonment, or to cause such an offense to be committed, and in such attempt does any act towards the commission of the offense, shall, where no express provision is made for the punishment of such attempt, be punished with imprisonment of any description provided for the offense, for a term which may extend to one-half of the longest term of imprisonment provided for that offense, or with such fine as is provided, or with both.โ
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๐ Meaning of Attempt
An attempt is when a person intends to commit a crime and takes a substantial step towards it, but fails to complete it.
It lies between preparation and completion of the crime.
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๐ง Essential Ingredients of an Attempt
Intention (Mens Rea) to commit an offense
Execution (Actus Reus) โ doing something more than mere preparation
Proximity to completion of the crime
Failure to complete the offense
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๐งฉ Examples
Attempt to murder: Shooting a person with intent to kill, but missing the shot.
Attempt to rape: Physical actions stopped or resisted before completion.
Attempt to commit theft: Breaking into a house but caught before stealing.
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๐ Punishment under Section 62
Maximum punishment is half the maximum term for the full offense.
If the offense is punishable with 10 years, attempt may attract up to 5 years.
Fine or both can also be imposed.
Applies only where no specific attempt provision exists.
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๐ Illustrative Case (based on IPC, relevant to BNS)
Koppula Venkat Rao v. State of Andhra Pradesh (2004):
The accused removed the clothes of a girl but was stopped. It was held as an attempt to rape โ he had the intention and had done acts toward committing it.
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โ
Summary
Section 62 of BNS punishes an attempt to commit crimes even if unsuccessful.
Focuses on deterrence and preventive action.
Reflects a shift toward punishing intention plus effort, even if crime fails.
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๐ 4โค 1
A person abets a crime committed by another. Who is liable?Anonymous voting
- A) Only the principal offender
- B) Only the abettor
- C) Both the abettor and principal offender
- D) Neither
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What is proposal and offer?Anonymous voting
- a. Both are same
- b. Both are different
- c. Either (a) or (b)
- d. None of the above
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Abetment by aiding refers to:Anonymous voting
- A) Provoking a person
- B) Offering support before or during the act
- C) Agreeing to commit a crime
- D) Concealing a criminal
๐งพ Criminal Conspiracy โ Scope and Punishment under BNS, 2023
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๐ What is Criminal Conspiracy?
Under Section 61 of the Bharatiya Nyaya Sanhita (BNS), 2023, criminal conspiracy is defined as:
โWhen two or more persons agree to do, or cause to be done โ
(a) an illegal act, or
(b) a legal act by illegal means,
such an agreement is designated a criminal conspiracy.โ
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๐ธ Key Point: Mere agreement is enough in serious offenses โ no act needs to be committed to complete the offense of conspiracy.
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โ๏ธ Scope of Criminal Conspiracy
Wide Ambit: Covers planning, coordinating, and even supporting illegal acts.
Includes Cyber, White-collar and Organized Crime
Can apply even if the main offense is not actually committed.
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โ
Examples:
Planning a terrorist attack (even if not executed)
Agreement to rig public exams using unfair means
Planning a financial fraud using shell companies
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๐ง Essential Ingredients
Two or more persons
Agreement to commit an illegal act (or legal act by illegal means)
Common intention
Overt act (required only in minor offenses)
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๐ Notable Features under BNS
Aligns with Section 120A and 120B of IPC, but made clearer.
No requirement of overt act in serious offenses.
Can be charged independently of the actual offense.
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๐ Conclusion
Criminal conspiracy under BNS, 2023 emphasizes the danger of collective criminal intention, even before the actual crime occurs. It is a preventive and punitive provision that targets preparatory and planning stages, especially in modern organized and cyber crimes.
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โค 2
To constitute abetment by conspiracy under BNS, what is required?Anonymous voting
- A) A secret agreement
- B) A public declaration
- C) An act or illegal omission in pursuance of the conspiracy
- D) All conspirators living in the same state
Which Section in the Indian Contract Act, 1872 is interpretation clause?Anonymous voting
- a. Section 1
- b. Section 2
- c. Section 3
- d. Section 4
โค 1
Abetment under Section 45 includes:Anonymous voting
- A) Instigating a person
- B) Engaging in conspiracy
- C) Intentionally aiding
- D) All of the above
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๐ Abetment of a Thing under the Bharatiya Nyaya Sanhita, 2023
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โ๏ธ Statutory Provision
The concept of abetment is covered under Chapter 4 of the Bharatiya Nyaya Sanhita (BNS), 2023, specifically from Sections 44 to 48.
๐งฉ Section 44 โ Abetment of a Thing
"A person abets the doing of a thing, whoโ
(a) instigates any person to do that thing; or
(b) engages with one or more other persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or
(c) intentionally aids, by any act or illegal omission, the doing of that thing."
This provision defines the concept of abetment โ when a person is said to abet the commission of an offense or any illegal act.
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๐ Key Interpretations
Instigation can be direct or indirect (e.g., through words, gestures, or writing).
Conspiracy alone is not sufficient unless some act or omission is done to further the object of the conspiracy.
Aiding includes both positive acts and deliberate omissions (e.g., not alerting police when duty-bound to do so).
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๐ Illustration from BNS or IPC Case Law (applicable to BNS as well)
R v. Mohit Sharma: A person who provided the weapon used in a robbery, knowing the purpose, was held guilty of abetment by aiding.
Sajan Kumar v. State: Inciting a mob through speeches led to conviction under abetment by instigation.
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โ๏ธ Punishment for Abetment (BNS Sections 47โ48)
Section 47: If the act abetted is committed, abettor gets same punishment as principal offender.
Section 48: If the act is not committed, punishment depends on the nature of the abetted offense (up to 7 years + fine).
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โ
Summary
Abetment under BNS includes instigation, conspiracy, and aiding.
It applies even if the offense is not completed.
Liability is based on intention and active involvement.
Punishment depends on whether the offense is actually committed or not.
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โค 3
Which of the following is not a form of abetment under BNS, 2023?Anonymous voting
- A) Instigation
- B) Conspiracy
- C) Harboring
- D) Aiding
What is Section 1 of the Indian Contract Act, 1872?Anonymous voting
- a. Short title
- b. Extent, Commencement
- c. Saving
- d. All of the above
โค 1
Associate company is defined under โAnonymous voting
- a. Section 2(5) of Companies Act, 2013
- b. Section 2(6) of Companies Act, 2013
- c. Section 2(7) of Companies Act, 2013
- d. Section 2(8) of Companies Act, 2013
Appellate Tribunal means the National Company Law Appellate Tribunal constituted under โAnonymous voting
- a. Section 110 of Companies Act, 2013
- b. Section 210 of Companies Act, 2013
- c. Section 310 of Companies Act, 2013
- d. Section 410 of Companies Act, 2013
โค 1
As of now because of time constraints I was posting one MCQ post per day. Should I increase the content?Anonymous voting
- Yes sir please 5 posts per day
- 4 posts per day
- 3 posts per day
- 2 posts per day
- Let it be as it is
๐ 1
Appellate Tribunal means โAnonymous voting
- a. Law Appellate Tribunal
- b. Company Law Appellate Tribunal
- c. National Company Law Appellate Tribunal
- d. Both (b) and (c)
Appellate Tribunal is defined under โAnonymous voting
- a. Section 2(1) of Companies Act, 2013
- b. Section 2(2) of Companies Act, 2013
- c. Section 2(3) of Companies Act, 2013
- d. Section 2(4) of Companies Act, 2013
๐ 1
Section 2(1) of the Companies Act, 2013 โAnonymous voting
- a. Abridged Prospectus
- b. Accounting Standards
- c. Alteration
- d. Appellate Tribunal
โค 1
Definitions under Companies Act, 2013 โAnonymous voting
- a. Section 2(1) to 2(65)
- b. Section 2(1) to 2(75)
- c. Section 2(1) to 2(85)
- d. Section 2(1) to 2(95)
๐ 1
The provisions of the Companies Act, 2013 shall apply to โAnonymous voting
- a. Companies incorporated under Companies Act, 2013 or under any previous company law
- b. Insurance company
- c. Banking companies
- d. All of the above
โค 1
โBail bondโ means an undertaking for release โAnonymous voting
- a. With surety
- b. Without surety
- c. Either (a) or (b)
- d. None of the above
๐ 1
