Attempt in criminal law is an act done towards the commission of an offence that goes beyond mere preparation but falls short of completing the offence, done with the intention to commit that offence. Under Indian law, the general provision for punishment of criminal attempts is Section 511 of the Indian Penal Code, 1860 (now Section 62 of the Bharatiya Nyaya Sanhita, 2023).
Legal definition
Section 511 of the Indian Penal Code, 1860 provides:
Section 511: Whoever attempts to commit an offence punishable by this Code with imprisonment for life or imprisonment, or to cause such an offence to be committed, and in such attempt does any act towards the commission of the offence, shall, where no express provision is made by this Code for the punishment of such attempt, be punished with imprisonment of any description provided for the offence, for a term which may extend to one-half of the imprisonment for life or, as the case may be, one-half of the longest term of imprisonment provided for that offence, or with such fine as is provided for the offence, or with both.
Section 511 is a residuary provision — it applies only where no specific provision exists for the punishment of the attempt. Several offences have their own attempt provisions (e.g., attempt to murder under Section 307 IPC / Section 109 BNS, attempt to culpable homicide under Section 308 IPC).
New law equivalent: Under the BNS, 2023, Section 62 corresponds to Section 511 IPC. The punishment framework is identical — up to one-half of the maximum imprisonment or fine, or both. The distinction between preparation and attempt remains judicially determined.
How courts have interpreted this term
Abhayanand Mishra v. State of Bihar [AIR 1961 SC 1698]
The Supreme Court laid down the definitive test for distinguishing preparation from attempt. The Court held that the dividing line is crossed when the accused goes beyond mere preparation and does an act towards the commission of the offence. The test is: Has the accused done an act which constitutes the actus reus of the attempt? If so, it is an attempt, even though the offence was not completed.
State of Maharashtra v. Mohd. Yakub [(1980) 3 SCC 57]
The Supreme Court applied the "proximity test" and held that an act constitutes an attempt when it is proximate to the completed offence. The closer the act is to the accomplishment of the offence, the more likely it is to be classified as an attempt rather than mere preparation. The Court convicted the accused of attempting to smuggle silver, finding that loading silver on trucks and driving towards the seashore constituted an attempt, not mere preparation.
Malkiat Singh v. State of Punjab [(1970) 1 SCC 157]
The Supreme Court examined whether a person who had not yet committed the ultimate act could be convicted of attempt. The Court held that the act need not be the penultimate act — it is sufficient if the accused has done something more than mere preparation and has taken a step towards the commission of the offence that is directly connected with it.
Why this matters
The distinction between preparation and attempt is one of the most litigated questions in criminal law. Preparation — procuring weapons, gathering information, making plans — is generally not punishable (with the exception of criminal conspiracy). Attempt, which requires an overt act towards commission beyond preparation, is punishable. The dividing line between the two determines whether a person who has not yet completed the crime can face prosecution.
For practitioners, the punishment calculation is critical. Under Section 511 IPC (Section 62 BNS), the maximum punishment for attempt is one-half of the maximum imprisonment for the completed offence. For offences punishable with life imprisonment, the maximum punishment for attempt is also life imprisonment (one-half of life being interpreted as life itself by courts). This means attempted murder carries the same maximum sentence as culpable homicide not amounting to murder.
The cognizability and bailable nature of the attempt mirrors the substantive offence. If the completed offence is cognizable and non-bailable, the attempt is also cognizable and non-bailable. This has significant practical implications for the investigation and bail stages.
Related terms
Related concepts:
Related forms of inchoate liability:
Frequently asked questions
What is the difference between preparation and attempt?
Preparation consists of arranging the means or measures necessary for the commission of the offence. Attempt involves doing an act towards the commission of the offence that goes beyond preparation. The Supreme Court's test in Abhayanand Mishra (1961) is: Has the accused done an act which is directly connected with the commission of the offence and which is beyond mere preparation?
What is the punishment for a criminal attempt?
Under Section 511 IPC (Section 62 BNS), the punishment is imprisonment up to one-half of the maximum term provided for the completed offence, or the fine provided for the offence, or both. For offences punishable with life imprisonment, the attempt also carries a maximum of life imprisonment.
Can a person be convicted of attempt if the crime was impossible to complete?
Indian courts have generally held that impossibility is not a defence to a charge of attempt if the accused believed the crime was possible and did an act towards its commission. The focus is on the accused's intention and conduct, not on whether the crime could have been completed.
This entry is part of the Veritect Indian Legal Glossary, a comprehensive reference of Indian legal terminology grounded in statutory text and judicial interpretation.
Last updated: 2026-03-27. Veritect provides this content for informational purposes and does not constitute legal advice.