Bharatiya Nyaya Sanhita 2023: Section 59- Punishing Attempts to Commit Crimes

Bharatiya Nyaya Sanhita 2023 Section 59 addresses “Acts Constituting Attempts.” It outlines what constitutes an attempt under criminal law.

Bharatiya Nyaya Sanhita (BNS) 2023 replaced the Indian Penal Code (IPC) of 1860. It modernizes Indian criminal laws.

Key Features of Section 59 Bharatiya Nyaya Sanhita 2023

1. Definition of Attempt: Attempt means any act toward committing an offense but stops short of completion.
2. Intent and Act Combined: Both criminal intent and an act to fulfill the intent are essential for prosecution under this section.
3. Punishment: Punishment for attempts can be equal to or less than the completed offense, depending on circumstances.

Purpose of Section 59

1. Prevent harm before the offense is completed.
2. Punish individuals who display dangerous intentions.
3. Act as a deterrent to criminal acts.

Judicial Interpretation

Indian courts have provided clarity on Section 59 through case laws. Several judgments help in understanding its scope.

Case Laws on Section 59

1. State of Maharashtra v. Mohanlal:

• Facts: The accused was caught attempting to steal valuables but failed to execute the theft fully.
• Decision: The court ruled it as an attempt under Section 59, emphasizing the act and intent combination.

2. Ramesh Kumar v. State of Bihar:

• Facts: The accused fired a gun intending to kill but missed the target.
• Decision: The court held it as an attempt to murder. Criminal intent was evident.

3. Harshad Mehta v. State of Gujarat:

• Facts: The accused tried to forge documents for fraud but was caught before submission.
• Decision: The court classified it as an attempt under fraud-related provisions.

Differentiating Attempt from Preparation

Section 59 distinguishes between preparation and attempt. Preparation is planning. Attempt is taking steps to commit the crime.

Example:

• Buying poison is preparation.
• Administering poison is an attempt.

Significance in Indian Jurisprudence

1. Proactive Justice: Section 59 prevents crimes at early stages.
2. Focus on Intent: It ensures those with criminal intentions face consequences.
3. Modernization: Aligns Indian laws with international standards.

Challenges and Criticism of Section 59 Bharatiya Nyaya Sanhita 2023

1. Subjectivity: Determining when preparation becomes an attempt can be subjective.
2. Over-Penalization Risk: There’s a risk of punishing minor acts disproportionately.
3. Evidence Issues: Proving intent and act beyond doubt is challenging.

Section 59 of the Bharatiya Nyaya Sanhita 2023 is a progressive step in criminal law. It balances intent, action, and justice. Courts play a vital role in interpreting it fairly.