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Section 62 If a person tries to commit a crime that is punishable with life imprisonment or regular imprisonment and
does something to make that crime happen—but the crime is not completed—then that person can still be punished.

If the law doesn’t already say what the punishment for the attempt should be, then the person can be given up to half
the of life imprisonment, or as the case, one half of the longest imprisonment provided for that offence or with such a
fine as is provided for the offence or with both.
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.

Section 226 addresses attempts to commit suicide with the specific intent to influence or hinder the lawful actions of
a public servant in the discharge of their official duties. The section makes it a punishable offense when a person
intentionally attempts suicide as a means to force a public servant to act or refrain from acting in a particular way.
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Mob lynching refers to the extrajudicial killing of a person by a group, often in a public display, for an alleged crime,
without the legal process or due process. It is a violent act carried out by a mob, sometimes for intimidation, to punish, or
to show the public their anger or perceived justice.

Organised crime- criminal activities that are planned and controlled by powerful groups and carried out on a large scale.

The BNS provides for capital punishment for the following offences:

1) Murder.
2) Dacoity with Murder.
3) Waging War against the Government of India.
4) Abetting mutiny actually committed.
5) Giving or fabricating false evidence upon which an innocent person suffers death.
6) Abetment of a suicide by a minor or insane person;
7) Attempted murder by a life convict.

The Bharatiya Nyaya Sanhita (BNS) has increased the number of offenses punishable by death. Some of the offenses
that are now punishable by death under the BNS include:

(a)Murder: The punishment for murder is death or life imprisonment, and the offender may also be liable to a fine.
(b)Mob lynching: The punishment for murder or grievous hurt by 5 or more people on specified grounds is a minimum
of 7 years imprisonment to life imprisonment or death.
(c)Terrorism: The punishment for attempting or committing terrorism is death or life imprisonment and a fine of Rs 10
lakh if it results in death.
(d)Organized crime: The punishment for attempting or committing organized crime is death or life imprisonment and a
fine of Rs 10 lakh if it results in death.

In either of the cases, when the court decides that death penalty is the appropriate sentence to be imposed in the light of
the gravity of matter and consequences of the offence committed and the absence of mitigating factors, then the court
has to give special reasons as to why the court came to this conclusion.
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The Courts may impose fine along with or without imprisonment.

Fine is forfeiture of money by way of penalty. It should be imposed individually and not collectively.

When court sentences an accused for a punishment, which includes a fine amount, it can specify that in the event the
convict does not pay the fine amount, he would have to suffer imprisonment for a further period as indicated by the court,
which is generally referred to as default sentence.

The Bharatiya Nyaya Sanhita (BNS) 2023 includes community service as a form of punishment for minor offenses:

Purpose:
•The BNS focuses on restorative justice for a balanced and rehabilitative criminal system.
•It aims to reduce reliance on prisons and promote offender rehabilitation.
•Community service is suggested as a punishment for petty offences, like vandalism and theft, similar to its use in the
U.S.
Vandalism is the act of deliberately damaging or destroying property that belongs to someone else.

Examples of offenses under BNS: Community service can be an option for offenses like petty thefts, public nuisance, false
defamation complaints, and drunken misconduct in public.

How it works: Courts can choose community service over imprisonment or fines. For example, offenders involved in thefts
of property valued under Rs 5,000 can avoid traditional punishments by returning the stolen goods and performing
community service.

Community service for offences under the Bharatiya Nyaya Sanhita (BNS) 2023:
a)Involvement of public servants in illegal trade. (Sec 202 BNS)
b)Non-appearance in response to a proclamation. (Sec 209 BNS)
c)Attempt to commit suicide to influence legal authority. (Sec 226 BNS)
d) First conviction of petty theft involving property valued below ₹5,000 and the property must have been recovered. (Sec
303 BNS)
e)Public misconduct by a drunken person. (Sec 355 BNS)
f)Defamation. (Sec 356 BNS)
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BAIL IN CASES OF BAILABLE OFFENCE [SECTION 478]
If someone is accused of a bailable offence and is arrested or brought to court, they have the right to get bail at any time
while in custody or during court proceedings.

If the person is too poor to pay for bail or provide a surety, the police or court can let them go by just making them sign a
bond promising to appear when required.

If the person can’t arrange bail within a week of being arrested, it's assumed that they are poor (indigent).

However, if the person breaks the conditions of their bail (like not showing up in court), the court can refuse to grant bail
again.

ANTICIPATORY BAIL [SECTION 482]

Section 482 – Anticipatory Bail (for Non-Bailable Offences):

If someone believes they might be arrested for a non-bailable offence, they can apply for anticipatory bail from the High
Court or Court of Session.
• The Court can allow bail in advance, saying that if the person gets arrested, they should be released on bail.

• The Court can also put conditions, like:

a) The person must cooperate with the police when called.
b) The person must not threaten or influence anyone related to the case.
c) The person must not leave India without the Court’s permission.
d) Other conditions similar to those under Section 480(3).

• If the person is later arrested:

a) They should be released on bail if they are ready to give it.
b) If the court had earlier said bail is allowed, and a warrant is issued, it must be a bailable warrant.

⚠️ This anticipatory bail does not apply to serious crimes under sections 65 and 70(2) of the BNS, 2023.

Section 493 – If Surety Dies or Becomes Insolvent:

• If the person who gave surety (guarantee for bail) dies or becomes financially unable, or if the bail bond is broken,
the Court can ask for new surety.
• If new surety is not given, the Court can act as if the person disobeyed the original bail order.

SUMMONS AND WARRANT CASES [SECTION 2(1)(x) AND 2(1)(z)]

“Summons case” “Summons case” means a case relating to an offence and not being a warrant case.
“Warrant case” means a case relating to an offence punishable with:
➢ Death,
“Warrant case”
➢ Imprisonment for life or
➢ Imprisonment for a term Exceeding 2 years.
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SUMMONS AND WARRANTS
The general processes to compel appearance are:

Summons
(Section 61) Warrants
(Section 70)

1) SUMMONS [SECTION 61]

 A summon may be issued to an accused person or witness either for:
 Appearance or
 Producing a Document or Thing.
 Every summons issued by the Court shall be in writing, in duplicate, signed by the Presiding
Officer of such Court or by such officer as is authorised by the High Court and shall bear the
seal of the Court. [Section 61]
 The summons should be clear and specific in its terms as to:
 The title of the Court,
 The place at which,
 The day and time of the day when, the attendance of the person summoned is required.

I. SERVICE OF SUMMONS [Section 62]

THE SUMMONS SHALL BE SERVED BY

A Police Officer An officer of the Court Other Public Servant

 SERVICE CANNOT BE EFFECTED BY THE EXERCISE OF DUE DILIGENCE

Where the person summoned cannot be found by the exercise of due diligence, the summons may be
served by leaving one of the duplicates for him with some adult male member of his family residing
with him, and the person with whom the summons is so left shall, if so required by the serving officer,
sign a receipt on the back of the other duplicate (Section 64).

 THE SERVICE OF SUMMONS ON CORPORATE BODIES, AND SOCIETIES

The service of summons on a corporation may be effected:
 by serving it on the secretary, local manager or other principal officer of the corporation. or
 by letter sent by registered post, addressed to the Chief Officer of the corporation in India, in
which case the service shall be deemed to have been effected when the letter would arrive in
ordinary course of post. [Section 63]

 SUBSTITUTED SERVICE
In case the service as provided in Section 62, Section 63 or Section 64 cannot be effected by the
exercise of due diligence, the serving officer can perform substituted service by affixing one of the
DUPLICATES of the summons to some CONSPICUOUS part of the house or homestead in which person
summoned ordinarily resides, and thereupon the Court, after making such enquiries as it thinks fit may
either declare that the summons has been duly served or order fresh service, as it considers proper
(Section 65).
  IN THE CASE OF A GOVERNMENT SERVANT

The duplicate copy of the summons shall be sent to the head of the office by the Court and such head
shall thereupon cause the summons to be served in the manner provided by Section 62 and shall return
it to the Court under his signature with the endorsement required by Section 62. Such signature shall
be evidence of due service. [Section 66]

2) WARRANT OF ARREST

Warrant means a permission given by the magistrate to the police officer or any other officer
authorized by the court to make an arrest.
Every warrant of arrest issued by a Court under this Code shall be in WRITING, SIGNED by the Presiding
Officer of such Court, and shall bear the SEAL of the Court. Such warrant shall remain in force until it
is cancelled by the Court which issued it, or until it is executed. [Section 70]
The form of warrant of arrest is Form No. 2 of the Second Schedule.

The requisites of a warrant are as follows:

It must be in WRITING.

It must bear the name and designation of the person WHO IS TO EXECUTE it;

It must give FULL NAME AND DESCRIPTION of the person to be arrested;

It must state the OFFENCE charged;

It must be SIGNED by the presiding officer; and

It must be SEALED.

Author’s Note: The police officer or other person executing the warrant of arrest shall bring the person arrested
before the Court without unnecessary delay provided that such delay shall not in any case exceed 24 hours
EXCLUSIVE of the time necessary for the journey from the place of arrest to the Magistrate’s Court.

3) PROCLAMATION AND ATTACHMENT

Where a warrant remains unexecuted, the Code provides for 2 remedies:

(1) Issuing a Proclamation (Section 82)
(2) Attachment and sale of property (Section 83)

Proclamation means a formal declaration / announcement, when a warrant issued by the court remains
unexecuted and the court believes that the accused is absconded or is concealing himself so that such
warrant cannot be executed.
The Court may publish a written proclamation to compel his appearance at a specified place and at a
specified time NOT LESS THAN 30 DAYS from the date of publishing such proclamation. (Section 82)

ATTACHMENT- if the accused does not appear within the time specified by the court, after issuing
proclamation, the court can pass an order for attachment of the properties of the accused. Attachment
is the step followed after proclamation.
The purpose of attaching the properties is not to punish the accused but to compel his presence in the
court. [SECTION 83]
4) SUMMONS TO PRODUCE

SOMETIMES IT IS NECESSARY THAT A PERSON SHOULD PRODUCE

OTHER THING WHICH MAY BE

A DOCUMENT OR
IN HIS POSSESSION OR POWER

 For the purposes of any INVESTIGATION or INQUIRY under this Code.

 This can be compelled to be produced by issuing SUMMONS (Sec. 91 and 92) or
A WARRANT (Sec. 93 to 98).

5) SEARCH WARRANT

A search warrant means a permission to make a search for any purpose as specified by the court.

According to Section 93, a search warrant can be issued only in the following cases:
 Where the Court has reason to believe that the person summoned has documents or thing
related to the case but will not produce it.
 Where the court believes that any document or information which is not known to the court
may be in the possession of any person.
 Where a general inspection or search is necessary. However, a search warrant may be general
or restricted in its scope as to any place or part thereof.
 The Court may specify in the warrant the particular place or part thereof to be searched.

SEARCH WARRANT SHALL NOT BE ISSUED:

1) FOR SEARCHING-> A document, Parcel or Other thing in the custody of the POSTAL OR TELEGRAPH
AUTHORITY, BY A MAGISTRATE (other than a District Magistrate or Chief Judicial Magistrate).

2) SO AS TO AFFECT-> Sections 123 and 124 of the Indian Evidence Act, 1872 or the Bankers’ Book
Evidence Act, 1891.

In terms of Section 97 any District Magistrate, Sub-Divisional Magistrate or Magistrate of the first class
who has reasons to believe that any person is confined under such circumstances that the confinement
amounts to an offence, he may issue a search warrant for the search of the person so confined. The
person if found shall be immediately produced before the Magistrate for making such orders as in the
circumstances of the case he thinks proper.
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GENERAL EXCEPTIONS

The BNS also provides general defences or exceptions contained in sections 14 to 44 of the BNS (Chapter III). In general
exceptions, the wrongdoer has no guilty mind (mens rea). If the accused claims a general defense, he must prove it
under Section 108 of the Bhartiya Sakshya Adhiniyam, 2023.

The exceptions strictly speaking came within the following six categories: Judicial Acts, Mistake of Fact, Accident,
Absence of Criminal Intention, Consent, Private Defense.

1. Act done by a person bound, or by mistake of fact believing himself bound, by law:
If a person does something because he believes in good faith (due to a mistake of fact, not law) that he is bound by law,
it is not an offence. (Ignorance of fact excuses; ignorance of law does not.)

2. Act of Judge acting judicially (Section 15)

If a Judge acts judicially using his powers or believes in good faith that he has the power, it is not an offence.

3. Act done under Court’s judgment or order (Section 16)

If someone acts according to a Court’s judgment or order, and believes in good faith that the Court had authority, it
is not an offence even if the Court actually had no jurisdiction. Words “Court of Justice” is replaced by “Court” in the
BNS. (Protection extends to Judges and Court staff.)

4. Act done by a person justified, or by mistake of fact believing himself justified, by law (Section 17)
If a person is justified by law, or believes in good faith (mistake of fact) that he is justified, then his act is not an offence.

5. Accident in doing a lawful act (Section 18)

If an act happens accidentally while doing a lawful act carefully and properly, without criminal intention, it is not an
offence.

6. Act likely to cause harm, but done without criminal intent, and to prevent other harm Section 19
An act done with knowledge of possible harm, but without criminal intent and in good faith to prevent greater harm,
is not an offence. It must be proved that the harm avoided was serious and immediate enough to justify the act.

7. Act of a child under seven years of age: According to section 20

Nothing is an offence which is done by a child under seven years of age.

8. Act of a child above seven and under twelve years of age of immature understanding Section 21
A child aged 7–12 years is not responsible if he lacks maturity to understand his act.

9. Act of a person of unsound mind Section 22

A person with unsound mind who cannot understand the nature or wrongness of his act is not guilty.

10. Act of a person incapable of judgment by reason of intoxication caused against his will:
If someone is intoxicated without consent (forced or unknowingly) and cannot understand his act, he is not guilty.
11. Offence requiring a particular intent or knowledge committed by one who is intoxicated:
If intoxication was voluntary, the person is still held responsible as if he was not intoxicated.

12. Act not intended to cause death, done by consent in good faith for person’s benefit:
An act that does not intend to cause death, and is done in good faith for a person’s benefit, is not an offence if the
person consents (either expressly or impliedly) to suffer or take the risk of harm.

13. Act done in good faith for benefit of child or person of unsound mind, by, or by consent of guardian:
An act done in good faith for the benefit of a child under 12 or a person of unsound mind, with consent (express
or implied) of the guardian or lawful caregiver, is not an offence even if it causes harm.
 However, this exception does not apply to:
• Intentionally causing death or attempting to cause death.
• Doing something likely to cause death, unless it's to prevent death or grievous harm.
• Intentionally causing grievous hurt or attempting to, unless it's to prevent death or grievous harm.
• Abetting an offence that wouldn't fall under this exception.

14. Consent known to be given under fear or misconception:

Consent is not valid if:
▪ It’s given under fear of injury or a misconception of facts, and the person doing the act knows or
should know this.
▪ It’s given by someone who is mentally unsound or intoxicated and cannot understand the nature
or consequences of the act.
▪ It’s given by a child under 12 years (unless otherwise stated).

15. Exclusion of acts which are offences independently of harm caused:

The exceptions in Sections 25, 26, and 27 do not apply to acts that are considered offences on their own, even if no harm
is caused or consent is given. This section clarifies that some actions are criminal by nature, regardless of consent or
harm.

16. Act done in good faith for benefit of a person without consent:
An act is not an offence if it’s done in good faith for a person’s benefit and without their consent, if:
• The person is unable to give consent or it's impossible to obtain it in time.
• The person has no guardian or lawful representative to give consent.
However, this does not apply to:
• Intentionally causing death or attempting to cause death.
• Doing something likely to cause death, unless for preventing death or grievous harm.
• Intentionally causing hurt or attempting to, unless for preventing harm.
• Abetting an offence that wouldn’t fall under this exception.

17. Communication made in good faith:

A communication made in good faith is not an offence, even if it causes harm to the person, as long as it is for the
benefit of that person.

18. Act to which a person is compelled by threats:

An act is not an offence if it is done under threats that cause reasonable fear of instant death, except
in the cases of:
▪ Murder or offences against the state punishable by death.
▪ The person did not voluntarily put themselves in the position to face such a threat.

19. Act causing slight harm:

An act is not an offence if it causes, is intended to cause, or is likely to cause very slight harm that no reasonable
person would complain about. This means that minor harm, which wouldn't normally bother an ordinary person, is
not treated as a criminal act.

No. Exception Key Point

1 Act done by mistake of fact No offence if done under a mistake of fact (not law).

A judge acting within their powers, or in good faith, is not

2 Act of Judge acting judicially liable.
No. Exception Key Point
Acting on a Court's order in good faith, even without
3 Act under Court’s order jurisdiction.

No offence if done believing it's justified by law (mistake of

4 Act believing oneself justified by law fact).

5 Accident in lawful act No offence for accidental harm during a lawful act.

Not an offence if harm is done in good faith to prevent

6 Act done to prevent greater harm greater harm.

7 Act of a child under 7 years of age No offence for a child under 7 years of age.

8 Act of a child aged 7–12 years (immature) No offence if a child lacks maturity to understand the act.

No offence if person can't understand their act due to

9 Act of person of unsound mind unsoundness of mind.

Act of intoxicated person (intoxicated No offence if intoxicated without consent and unable to
10 understand the act.
against will)

Offence requiring intent but committed If intoxicated voluntarily, treated as if sober.

11
by intoxicated person

Act not intended to cause death, done by Not an offence if done with consent, in good faith, and no
12 intent to cause death.
consent

Act for benefit of child/person of Not an offence if done with guardian's consent, but
13 exceptions for death or grievous hurt.
unsound mind (guardian’s consent)

Consent is invalid if given under fear or misconception, or if

14 Consent under fear or misconception the person can't understand the act.

Exceptions don't apply to acts that are crimes by their nature,

15 Exclusion of acts independently criminal regardless of consent.

Act done for benefit of person without Not an offence if done for someone’s benefit without
16 consent, if they can't consent or guardian is unavailable.
consent

Communication made in good faith, even with harm, is not

17 Communication in good faith an offence if for the person's benefit.

Not an offence if compelled by reasonable fear of instant

18 Act compelled by threats death, except for murder or state offences.

Not an offence if harm is so minor that no reasonable person

19 Act causing slight harm would complain.
RIGHT OF PRIVATE DEFENCE

Right of Private defence is also part of Chapter III under the BNS. 11 Sections deals with Right to Private Defence.
These defences are as follows:
(1) Things done in private defence (Sec 34): Any act done while exercising the right of private defence is not an
offence.

(2) Right of private defence of body and property (Sec 35): Every person has the right to defend:
(a) His own body and others’ bodies against offences affecting the human body.
(b) Movable or immovable property (his or others') against theft, robbery, mischief, criminal trespass, or their attempts.

(3) Defence against acts of unsound mind or minors (Sec 36): You can defend yourself against someone even if they
are not punishable due to being a child, unsound mind, intoxicated, etc.

(4) Acts where no right of private defence (Sec 37):

▪ No right of defence against:
▪ Acts by public servants acting in good faith.
▪ Acts done under orders of a public servant.
▪ Situations where protection from authorities is possible.
▪ Also, defence should not cause more harm than necessary.

(5) When private defence allows causing death (Sec 38): You can cause death if the offence involves:
▪ Assault causing fear of death or grievous hurt
▪ Attempt to commit rape, kidnapping, unnatural acts
▪ Assault causing wrongful confinement
▪ Attempt to throw or administer acid causing grievous hurt

(6) When only lesser harm is allowed (Sec 39): If the attack doesn’t involve the above offences, you can defend but
not cause death.

(7) When right of body defence begins and ends (Sec 40)
Begins: When there is a reasonable threat.
Ends: When the threat ends.

(8) Private defence of property allowing death (Sec 41): You can cause death if protecting against:
▪ Robbery
▪ House-breaking (after sunset and before sunrise)
▪ Mischief by fire or explosives in homes
▪ Theft, mischief, trespass causing fear of death/grievous hurt

(9) When only lesser harm allowed in property defence (Sec 42): If theft, mischief, or trespass doesn't cause serious
threat, you can defend but not kill.

(10) When right of property defence starts and ends (Sec 43)
Starts: When danger to property starts.
Continues:
▪ Against theft: Until thief retreats or property is recovered.
▪ Against robbery: Until danger or fear continues.
▪ Against trespass/mischief: While offender continues the act.
▪ Against house-breaking: As long as house trespass continues.

(11) Defending even if innocent person may be harmed (Sec 44): If you can’t defend yourself without risking
harm to an innocent person, the right of private defence still exists.

Here’s a quick and clear table summarizing the Right of Private Defence under Sections 34–44 of BNS:
Section Topic Key Point (Simplified)
34 Acts in Private Defence Act done in private defence is not an offence.
35 Right of Defence Right to defend own/others' body and property.
Defence Against Unsound
36 Defence available even if attacker is of unsound mind, child, etc.
Mind
No defence if: by public servant in good faith, if protection from authority
37 No Right of Defence
possible, or causing excessive harm.
Right to Cause Death Defence allows causing death if facing threats like death, grievous hurt, rape,
38
(Body) kidnapping, acid attack.
Right to Cause Harm
39 If threat is minor, can cause harm but not death.
(Body)
Start and Continuation
40 Defence starts with reasonable fear of attack; continues while danger exists.
(Body)
Right to Cause Death Can cause death if facing robbery, housebreaking at night, arson, or theft with
41
(Property) danger to life.
Right to Cause Harm
42 If minor theft/mischief/trespass, can only cause harm, not death.
(Property)
Start and Continuation
43 Defence starts when danger to property starts; continues as long as threat exists.
(Property)
Defence is allowed even if innocent person may be harmed, if necessary to
44 Risk to Innocent Person
protect oneself.