Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment
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Summary
An attempt to commit an offence punishable with imprisonment for life or other imprisonment is itself punishable when the accused does any act towards its commission and no other provision deals with attempts. The punishment may be up to half the term of imprisonment prescribed for the main offence, or the fine provided for that offence, or both. It covers failed attempts where the substantive crime is not completed but an overt act was done.
Example
Ravi slips his hand into Priya’s pocket intending to steal a phone, but finds it empty. The theft fails, yet because he made an overt act towards committing theft he can be punished under this rule with up to half the imprisonment or the fine provided for theft, or both.
Bare Act
Enacted textWhoever attempts to commit an offence punishable by this Code 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 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, 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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