Under the Bharatiya Nyaya Sanhita, 2023, in which of the following offences is an attempt written into…
Section 152 of the Bharatiya Nyaya Sanhita, 2023 punishes whoever, purposely or knowingly, "excites or attempts to excite" secession, armed rebellion or subversive…
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Under the Bharatiya Nyaya Sanhita, 2023, in which of the following offences is an attempt written into the section that defines the offence, so that an attempt is punishable in the same way as the completed act?
Answer and explanation
Correct answer D
Section 152 of the Bharatiya Nyaya Sanhita, 2023 punishes whoever, purposely or knowingly, "excites or attempts to excite" secession, armed rebellion or subversive activities, or encourages feelings of separatist activities or endangers the sovereignty or unity and integrity of India. Because the attempt is part of the definition, an attempt attracts the same punishment as the completed act: imprisonment for life or imprisonment which may extend to seven years, and fine.
The sections defining the other offences contain no attempt, so an attempt is a separate and lesser stage. Theft (section 303) and cheating (section 318) have no specific attempt provision, so an attempt falls under the general provision in section 62, which allows up to one-half of the longest term of imprisonment provided for the offence. Murder is defined in section 101 and punished under section 103, while attempt to murder is a distinct offence under section 109 with a lower punishment.
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