Overview: This Kanooni Dhara of the IPC provides for punishment for the attempt to commit an offence punishable with imprisonment for life or imprisonment covered under the code of IPC where no provision is made in the code for the punishment of the attempt.
Ingredients of the Section: The following are the essentials of this section ;
A person must attempt to commit an offence covered under the IPC
The offence so committed must be punishable with imprisonment for life or imprisonment
There should be no express provision in the IPC for the punishment of the attempt of that particular offence.
Punishment: Any person liable for an offence under this section shall be punished with imprisonment for a term which may extend to one-half of imprisonment for life or not more than half of the longest term of imprisonment provided for that offence or with such fine as is provided for the offence, or with both.
Example: Tara makes an attempt to steal the Rolex watch of Ramesh which he keeps in a yellow box. But after breaking that box, Tara finds out that there is no watch in it. Hence Tara did an act towards the commission of theft and since no express provision is provided for the punishment of attempt to theft she will be liable under this section.
Composition under section 320 Cr.P.C: This section is not listed under Compoundable Offences i.e. compromise or settlement cannot be entered into by the parties.
| Offence | Punishment | Cognizance | Bail | Triable By |
|---|---|---|---|---|
| Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonments. | One -half of Imprisonment for life or imprisonment not exceeding half of the longest term provided for the offence or fine or both. | Same as the offence attempted. | Same as the offence attempted. | Same as the offence attempted. |
| Offence | Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonments. |
|---|---|
| Punishment | One -half of Imprisonment for life or imprisonment not exceeding half of the longest term provided for the offence or fine or both. |
| Cognizance | Same as the offence attempted. |
| Bail | Same as the offence attempted. |
| Triable By | Same as the offence attempted. |
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