Section 188 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023

08 Jun 2025 --
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Section 189 — Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023

Title of Section 189

“Attempt to Commit an Offence Punishable With Imprisonment”

Text (Substance) of Section 189

Section 189 of the Bharatiya Nagarik Suraksha Sanhita, 2023 states that:

Whoever, with the intention of committing an offence that is punishable with imprisonment, begins to do anything that is necessary for the offence, and in the course of such preparation, does any act towards the commission of that offence, shall be punished as if he had attempted to commit the offence.

In simpler terms:
If a person intends to commit a crime punishable with imprisonment, and takes a clear step toward doing it, the law treats that conduct as an attempt to commit the offence, even if the crime is not completed.

Purpose and Legal Principle

The legal purpose of Section 189 is to:

Criminalize dangerous intent coupled with action

Prevent harm before the full offence happens

Hold a person liable when they cross the line from mere planning to actual execution

In criminal law, an attempt is punishable because it shows the accused had a culpable state of mind and did more than just think about committing the crime.

Essentials (Core Requirements) of Section 189

To attract Section 189, all the following must exist:

1. Intention to Commit an Offence

There must be specific intent to commit a crime that is punishable with imprisonment.

Merely thinking about doing something wrong is not enough.

The person must actually intend to do it.

2. The Crime Must Be Punishable with Imprisonment

Section 189 applies only to offences where the law prescribes imprisonment as a possible punishment.

Attempt to commit a civil wrong with no imprisonment penalty is not covered.

3. Commencement of Action

The person must have begun to do something substantial in furtherance of the crime.

This is not mere preparation or planning — it is conduct that has moved beyond planning and has entered the execution phase, although the crime is not completed.

4. Act in Furtherance of the Crime

The act must be unequivocally connected to the intention to commit the offence — not an innocent act.

Distinction: Preparation vs Attempt

Understanding the difference between merely preparing and actually attempting is crucial:

Preparation

Mental planning

Arranging tools or resources

Discussions or intentions

Not punishable under Section 189

Attempt

Starting the execution of the criminal plan

Taking active steps that, if completed, would result in the offence

Punishable under Section 189

Example:
Buying a weapon with the intent to commit robbery is preparation.
Pointing that weapon at the victim while demanding money is attempt.

Punishment for Attempt (Under Section 189)

The punishment for an attempt is usually the same as the punishment prescribed for the completed offence, unless the statute expressly states otherwise.

If the offence attempted has a maximum penalty of 7 years’ imprisonment, the attempt may also attract up to 7 years’ imprisonment.

The court will consider the degree of completion and gravity of conduct in sentencing.

Lesser sentence is possible, but attempt liability still exists.

Judicial Interpretation (General Principle)

Courts generally consider:

Whether the accused’s conduct amounted to an appreciable step toward committing the offence

Mere thinking or planning is not enough.

The act must demonstrate a clear move toward execution.

Whether the act was done with criminal intent

If intent is absent, there is no attempt.

If intent exists and a step is taken, attempt is made out.

Whether the act still left room for voluntary withdrawal

If the accused voluntarily abandoned the plan before the act became irreversible, courts may consider that factor in mitigation.

Illustrations (Conceptual)

Illustration 1

A intends to murder B. He fires a gun at B, but the bullet misses.

The intent was clear.

The act of firing is a substantial step.

It is an attempt to murder and punishable under Section 189.

Illustration 2

A prepares poison and keeps it in his bag intending to poison B but does not administer it.

This is only preparation, not a clear step toward committing the offence.

Not an attempt under Section 189.

Illustration 3

A breaks into B’s house intending theft but leaves before stealing anything.

Entering with criminal intent and breaking in is a clear step.

This amounts to an attempted theft under Section 189.

Principles of Sentencing for Attempt

While the offence of attempt is punishable, courts often consider:

Degree of harm prevented

Stage at which the attempt was interrupted

Intent and mens rea

Whether the act was close to completion

These factors influence how the sentence is framed.

Why This Section Matters

Section 189 ensures that the law:

✔ Punishes culpable conduct before harm is completed
✔ Discourages people from crossing the line from mere intent to action
✔ Protects society from dangerous conduct that was nearly realized

Without such a provision, criminals could escape blame simply because the crime was interrupted or failed accidentally.