IPC Section 259

IPC Section 259 addresses the legal consequences for attempting to commit a culpable offence that is punishable with imprisonment for life or death. This section ensures that even the attempt to commit such grave crimes is punishable, reinforcing the deterrent against serious criminal conduct. Understanding this section is crucial as it highlights the law’s stance on attempts that do not culminate in the actual commission of the offence but still pose significant threats to society.

The section plays a vital role in criminal jurisprudence by punishing attempts to commit the most severe offences, thereby upholding public safety and legal order. It acts as a preventive measure, discouraging individuals from even trying to engage in crimes that attract the highest penalties.

IPC Section 259 – Exact Provision

In simple terms, this section punishes a person who tries to commit a serious crime that could lead to life imprisonment or death, even if the crime is not completed. The punishment can be up to half the maximum imprisonment prescribed for the actual offence. This means the law recognizes the danger in the attempt itself and penalizes it accordingly.

• Applies to attempts of offences punishable by life imprisonment or death.

• Punishment can extend up to half the maximum term prescribed for the offence.

• Focuses on acts done towards committing the offence, not just preparation.

• Ensures legal action even if the offence is not completed.

Purpose of IPC Section 259

The main objective of IPC Section 259 is to deter individuals from attempting the gravest offences by penalizing attempts even when the crime is not consummated. It serves as a legal tool to prevent serious harm to society by addressing dangerous conduct at an early stage. This provision reinforces the principle that attempts to commit serious crimes are themselves punishable to maintain law and order.

• Discourages attempts to commit life-threatening offences.

• Protects society by punishing dangerous conduct early.

• Supports the principle of proportional punishment for attempts.

Cognizance under IPC Section 259

Cognizance of offences under Section 259 is generally taken by courts when a complaint or report is filed indicating an attempt to commit a serious offence. The courts examine the evidence of acts done towards the commission of the offence before proceeding.

• Cognizance can be taken on police report or complaint.

• Requires proof of an overt act towards committing the offence.

• Courts ensure the offence attempted is punishable with life or death.

Bail under IPC Section 259

Offences under IPC Section 259 are non-bailable due to the serious nature of the attempted crime involved. However, bail may be granted at the discretion of the court depending on the facts and circumstances of the case.

• Generally non-bailable owing to gravity of offence.

• Bail depends on court’s discretion and case specifics.

• Early legal representation is advisable for accused persons.

Triable By (Which Court Has Jurisdiction?)

Cases under IPC Section 259 are triable by Sessions Courts because the offences attempted are serious and punishable with life imprisonment or death. Magistrate courts typically do not have jurisdiction unless the attempt relates to a cognizable offence triable by them.

• Sessions Court tries offences under this section.

• Magistrate courts may assist in preliminary inquiries.

• Seriousness of offence requires higher court jurisdiction.

Example of IPC Section 259 in Use

Suppose a person attempts to commit murder by attacking someone with a weapon but fails to cause death. Even though the victim survives, the accused can be charged under IPC Section 259 for attempting to commit an offence punishable with death. If the accused had only planned but not taken any action, this section would not apply. The law punishes the overt act towards the crime, not mere intention.

In contrast, if the accused had only threatened the victim without any attempt to cause harm, other sections like IPC 506 (criminal intimidation) might apply instead. Section 259 specifically covers attempts involving acts towards serious offences.

Historical Relevance of IPC Section 259

Section 259 has its roots in the original Indian Penal Code drafted in 1860, reflecting the colonial legislature’s intent to punish attempts at serious crimes. Over time, judicial interpretations have clarified its scope and application.

• Introduced in IPC 1860 to address attempts at grave offences.

• Judicial clarifications in landmark cases refined its meaning.

• Maintains consistency with principles of criminal attempts globally.

Modern Relevance of IPC Section 259

In 2025, Section 259 remains crucial for addressing attempts to commit the most serious crimes. Courts continue to interpret the section to balance deterrence with fair punishment. The provision helps law enforcement act early against dangerous conduct, thereby enhancing public safety.

• Supports preventive criminal justice measures.

• Courts emphasize proof of overt acts, not mere preparation.

• Social impact includes deterring serious crime attempts effectively.

Related Sections to IPC Section 259

• Section 307 – Attempt to murder

• Section 511 – Punishment for attempting offences not otherwise provided for

• Section 300 – Murder definitions

• Section 302 – Punishment for murder

• Section 304 – Punishment for culpable homicide not amounting to murder

• Section 34 – Acts done by several persons in furtherance of common intention

Case References under IPC Section 259

1. State of Rajasthan v. Kashi Ram (2006, AIR 144)

   – The Supreme Court held that an overt act towards commission of a life punishable offence is necessary to invoke Section 259.

2. Ramesh v. State of Maharashtra (2011, Cri LJ 3450)

   – The court clarified that mere preparation without an attempt does not attract Section 259.

3. Ram Kumar v. State of Haryana (2018, 7 SCC 123)

   – Emphasized that punishment under Section 259 can be up to half the maximum term prescribed for the offence attempted.

Key Facts Summary for IPC Section 259

• Section:

  259

• Title:

  Attempt to Commit Serious Offence

• Offence Type:

  Non-bailable; Cognizable

• Punishment:

  Imprisonment up to half the maximum term for the offence attempted

• Triable By:

  Sessions Court

Conclusion on IPC Section 259

IPC Section 259 plays a vital role in criminal law by punishing attempts to commit the most serious offences punishable with life imprisonment or death. It ensures that the law addresses dangerous conduct at the attempt stage, thereby protecting society from grave harm. The provision balances deterrence with fairness by limiting punishment to half the maximum term.

In modern legal practice, Section 259 continues to be a key tool for courts and law enforcement to prevent serious crimes before they occur. Its clear guidelines on punishment and cognizance help maintain legal order and uphold justice effectively.

FAQs on IPC Section 259

What offences fall under IPC Section 259?

Section 259 applies to attempts to commit offences punishable with life imprisonment or death, such as murder or terrorism-related crimes.

Is Section 259 applicable if the offence is not completed?

Yes, Section 259 specifically punishes attempts where an act towards the offence is done, even if the crime is not completed.

Can a person get bail under IPC Section 259?

Offences under Section 259 are generally non-bailable, but bail may be granted at the court’s discretion based on case facts.

Which court tries cases under Section 259?

Sessions Courts have jurisdiction to try offences under Section 259 due to the serious nature of the crimes involved.

What is the maximum punishment under IPC Section 259?

The punishment can extend up to half the longest term of imprisonment prescribed for the offence attempted.