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Which provision of the Bharatiya Nyaya Sanhita, 2023 sets out the general punishment for an attempt…

Section 62 applies to an attempt to commit an offence punishable with imprisonment for life or other imprisonment, or to cause such an offence to be committed, where the…

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Which provision of the Bharatiya Nyaya Sanhita, 2023 sets out the general punishment for an attempt where the Sanhita makes no express provision punishing that attempt?

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Correct answer D

Section 62 applies to an attempt to commit an offence punishable with imprisonment for life or other imprisonment, or to cause such an offence to be committed, where the person does an act towards its commission and the Sanhita makes no express provision punishing the attempt. Section 61(2) punishes criminal conspiracy. Sections 3(5) and 190 address liability based on common intention and the common object of an unlawful assembly, respectively.

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Option A

Section 61(2) prescribes punishment for criminal conspiracy, an agreement-based offence defined by Section 61(1).

Option B

Section 3(5) attributes a criminal act to participants when committed in furtherance of their common intention.

Option C

Section 190 concerns members’ liability for qualifying offences committed in prosecution of an unlawful assembly’s common object or known to be likely in its prosecution.

Option D

Section 62 is the general attempt provision where the Sanhita supplies no express punishment for the attempt.

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