🔍 Section 127 – Punishment for Attempt to Commit Offences Punishable with Life Imprisonment or Other Severe Punishments under the Bharatiya Nyaya Sanhita (BNS), 2023

📘 Introduction

The criminal law principle that “intent alone is not punishable unless accompanied by an act” has long guided prosecution under Indian jurisprudence. However, when a person, with the intent to commit a crime, takes a direct step toward its execution, even if unsuccessful, it is known as a criminal attempt. Section 127 of the Bharatiya Nyaya Sanhita (BNS), 2023 deals with punishment for attempts to commit offences punishable with life imprisonment or other severe sentences.

This provision carries forward the spirit of Section 511 of the Indian Penal Code (IPC), 1860, but aligns it with modern interpretations and uniformity under the new criminal code.

📜 Text of Section 127 – BNS, 2023

“Whoever attempts to commit an offence punishable with imprisonment for life or other imprisonment, or causes 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 Sanhita 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 longest term of imprisonment provided for that offence, or with such fine as is provided for the offence, or with both.”

🧩 Key Ingredients of Section 127

Attempt to commit a criminal offence
The offence must be punishable with life imprisonment or any form of imprisonment
The person takes action towards the commission of the offence
No specific provision already exists for that attempt in BNS

🔑 Punishment: Up to half the maximum imprisonment prescribed for the actual offence, or fine, or both.

🔍 Understanding "Attempt" in Criminal Law

An attempt is more than mere intention—it involves:

Stage	Explanation
Intention	Mental decision to commit a crime
Preparation	Gathering tools or resources
Attempt	Crossing from preparation to execution
Commission	Completion of the crime

Section 127 applies after preparation and before completion—a stage where the act has started but is not yet finished.

🧪 Examples of Attempt Covered Under Section 127

Example 1: Attempted Murder

A person fires a gun at another intending to kill, but misses. Since murder is punishable with life imprisonment, Section 127 applies.

Example 2: Attempted Rape

If a person forcibly tries to undress the victim but is stopped, this could qualify as attempt to rape (if BNS has no specific provision for attempt, Section 127 applies).

Example 3: Attempted Kidnapping

Luring a child with false promises and reaching the point of abduction, but being intercepted, amounts to an attempt.

🧑‍⚖️ Landmark Case Laws on Attempt

1. Koppula Venkat Rao v. State of A.P. (2004)

SC held that attempt to commit rape is punishable even if penetration does not take place, as the act went beyond preparation.

2. Abhayanand Mishra v. State of Bihar (1961)

A person submitted forged documents to take a government exam. The court held it as an attempt to cheat, punishable under the law.

3. State of Maharashtra v. Mohd. Yakub (1980)

The Supreme Court clarified that when preparation merges into action, it becomes punishable as attempt.

📊 Table: Distinction Between Preparation & Attempt

Factor	Preparation	Attempt
Nature	Planning phase	Execution begins
Punishable?	Generally, no	Yes (under Sec 127)
Example	Buying poison to kill	Putting poison in food
Proof	Shows intention	Shows action based on intention

🔄 Difference Between Section 127 and Other Specific Attempt Provisions

Crime	Specific Attempt Law	Does Section 127 Apply?
Murder	BNS has attempt to murder clause	❌ No
Rape	Specific attempt clause under sexual offences	❌ No
Robbery	No specific clause	✅ Yes
Forgery	If no separate attempt clause exists	✅ Yes

So, Section 127 fills the legal gap where no dedicated attempt clause is provided.

📚 Punishment Explained

The maximum punishment is:

Imprisonment: Up to half of the maximum term provided for the actual offence
Fine: As specified for that offence
Both: Court discretion

🔸 Example:

If the completed offence carries 10 years imprisonment, then:

Attempt can lead to up to 5 years
And/or fine as per the main offence

🧠 Courts have discretion based on degree of completion, injury caused, mens rea, and criminal history.

🏛️ Judicial Interpretation of “Act Towards Commission”

Indian courts emphasize that some overt act must occur:

What is accepted as an “act toward the offence”:

Entering victim's home with intent to kill
Delivering a forged document
Physically attacking but failing to kill
Making a bomb and attempting to plant it

What is not accepted:

Writing down a plan
Buying tools but not using them
Mere discussion or desire
Watching a target without action

⚖️ Procedural Aspects under Section 127

Parameter	Details
Cognizable	Yes
Bailable	Depends on the parent offence
Triable by	Court with jurisdiction over main offence
Compoundable	Generally no

If the attempted offence is non-bailable, attempt is also non-bailable.

🧠 Mental Element (Mens Rea)

To convict under Section 127, intent must be clear. Courts assess:

Degree of preparation
Nature of the tools used
Statement of the accused
Whether the act could logically result in the crime

Mere recklessness or negligence may not constitute attempt—it must be intentional.

⚠️ Common Misuses and Safeguards

🔻 Possible Misuses:

Framing someone by exaggerating minor acts
Police invoking attempt charges to apply stricter bail provisions
Vague allegations leading to wrongful incarceration

✅ Safeguards:

Courts require clear proof of attempt
FIR must mention the actual act beyond preparation
Cross-examination of police accounts is vital

🌍 Global Comparative Law: Attempt

Country	Approach
USA	Requires “substantial step” + intent (Model Penal Code)
UK	Criminal Attempts Act 1981; preparation ≠ attempt
Canada	Requires act beyond mere preparation
Australia	Attempt requires action immediately connected to offence

India’s Section 127 aligns with international standards—punishing actual steps, not thoughts or planning.

🔎 Real-World Cases Illustrating Section 127

Case 1: Attempted Bank Robbery (2022, Bihar)

Robbers entered a bank after breaking locks but fled when alarm rang. They were arrested and charged under Section 127, as the attempt was clear.

Case 2: Attempt to Throw Acid (Delhi, 2019)

A man tried to throw acid but was intercepted. He was charged with attempt to cause grievous hurt—Section 127 applied because the act had begun.

Case 3: Attempted Honour Killing

A father tried to strangle his daughter but was stopped by neighbors. Section 127 applied due to life-threatening intent and physical action.

📜 Constitutionality of Punishing Attempt

Some argue that punishing attempts violates Article 21 (right to life and liberty). However, courts have upheld that:

It protects society from criminals who are willing but unsuccessful
It serves as deterrence
It promotes proactive policing

Courts have held Section 127 constitutionally valid as long as judicial standards of proof are met.

🧠 Attempt vs Instigation vs Preparation

Term	Meaning	Punishable?
Instigation	Encouraging someone to commit a crime	Yes (abetment)
Preparation	Arranging tools or planning	Not usually
Attempt	Starting execution but failing	Yes under Sec 127

Each stage represents growing culpability. Section 127 kicks in only after action begins.

🏗️ Role in Modern Criminal Justice

Section 127 plays a crucial role in:

Preventing heinous crimes before completion
Enabling proactive investigation
Filling legal loopholes where no specific attempt clause exists
Deterring repeat offenders who frequently make attempts

It’s especially important in terrorism, gang violence, economic crimes, and cybercrimes.

🛡️ Important Judicial Guidelines

Motive and intent matter—court must examine both
Preparation must cross into action
Punishment must be proportionate
No conviction on weak or speculative evidence
Oath-bound testimonies and circumstantial proof often required

✅ Conclusion

Section 127 of the Bharatiya Nyaya Sanhita (BNS), 2023 represents a modernized approach to dealing with criminal attempts. It balances the need for public safety with individual liberties, ensuring that only those who genuinely make progress toward a crime are punished.

Whether it's an attempted murder, forgery, kidnapping, or arson—this section fills a crucial gap when no other specific “attempt” provision is provided. Courts must ensure fair application, careful evaluation of facts, and robust scrutiny of evidence.

In a world where criminals can be stopped just in time, Section 127 is India’s legal net to catch the crime before it completes.

📖 Coming Up Next:

➡️ Section 128 – Punishment for Abetment of Offences