Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment
AI Assist
Summary
An attempt to commit an offence punishable with imprisonment for life or other imprisonment is punishable when a person does any act in furtherance of the crime. If the Sanhita does not prescribe a separate penalty for the attempt, punishment may be imprisonment up to half of the maximum term for the offence, or the same fine, or both. This applies even if the full offence was not completed.
Example
Rohan tries to break into a shop safe to steal cash. He forces the safe open but finds no cash inside. Because he took a direct step towards theft, he can be punished under this provision with imprisonment up to half the maximum term for the offence, or a fine, or both.
Bare Act
Enacted textWhoever 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
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(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.
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(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. A is guilty under this section.
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