lf a person attempts an offence punishable with a maximum of 10 years' imprisonment, what is the maximum years of imprisonment that can be imposed under Section 62 of the Bharatiya Nyaya Sanhita, 2023 ?

All India Bar Examination (AIBE) 20 (XX) Previous Year Question Papers with Answers

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lf a person attempts an offence punishable with a maximum of 10 years' imprisonment, what is the maximum years of imprisonment that can be imposed under Section 62 of the Bharatiya Nyaya Sanhita, 2023 ?

A: Five years

B: Seven years

C: Ten years

D: Three years

The answer is: A

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Explanation

Correct Answer: (1) Five years

Explanation as per Bharatiya Nyaya Sanhita, 2023

Section 62 BNS – Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment:

“Whoever attempts to commit an offence punishable by this Sanhita with imprisonment for life or imprisonment... shall... be punished with imprisonment of any description provided for the offence, for a term which may extend to one-half of the longest term of imprisonment provided for that offence...”

APPLICATION TO THIS QUESTION:

- The completed offence is punishable with a maximum of 10 years imprisonment.

- Therefore, the maximum punishment for attempt = ½ × 10 years = 5 years.

KEY POINTS TO REMEMBER:

- This rule applies when no specific provision exists for punishment of the attempt.

- The attempt must involve some act towards the commission of the offence.

- Punishment can also include fine (or both imprisonment and fine).

- For life imprisonment offences, attempt is punishable up to 7 years (half of 14 years, as life is reckoned as 14 years under BNS).