Question
Consider the following statements regarding attempt to
commit an offence under Section 52 of the Bharatiya Nyaya Sanhita, 2023: Statement 1: Whoever intending to commit an offence does any act which is a substantial step towards the commission of that offence commits an attempt. Statement 2: Merely preparing for the commission of an offence, without any overt act moving directly towards commission, constitutes an attempt. Statement 3: An attempt to commit an offence requires that the offender have a specific intention to commit that offence. Statement 4: If an act done is not an offence, it cannot constitute an attempt to commit an offence even if the intention was to commit an offence. Which statements are correct?Solution
Section 52 of BNS, 2023 addresses attempt to commit an offence. Statement 1 is correct—attempt requires an overt act that is a substantial step toward commission. Statement 3 is correct—specific intention is required for attempt. Statement 2 is incorrect—mere preparation is not attempt; there must be an overt act that moves directly toward commission, not just preparation. Statement 4 is incorrect and somewhat paradoxical—Section 52 requires an "act" for attempt; the nature of the act must be such that it constitutes preparation for or an attempt at commission. If the act itself is lawful but done with intention to commit an offence, it may still be an attempt. Statements 1 and 3 are correct.
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