IPC Section 39
IPC Section 39 defines the punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment.
IPC Section 39 addresses the punishment for attempting to commit offences that are punishable with imprisonment for life or other imprisonment. It is important because it ensures that even incomplete or unsuccessful attempts to commit serious crimes are legally punishable, thereby deterring criminal behavior at its early stages.
This section plays a crucial role in criminal law by emphasizing that the intention and attempt to commit a grave offence are themselves punishable, even if the crime is not completed. It helps maintain law and order by discouraging attempts that could lead to serious harm.
IPC Section 39 – Exact Provision
In simple terms, this means that if someone tries to commit a serious offence punishable by imprisonment or fine, but does not succeed, the court can still punish them. The punishment can be up to one-fourth of the maximum imprisonment prescribed for the actual offence. This ensures that attempts are not left unpunished.
Applies to attempts of offences punishable with life imprisonment or other imprisonment.
Allows punishment up to one-fourth of the maximum term prescribed for the offence.
Includes punishment by fine or imprisonment or both.
Focuses on the attempt, not just the completed crime.
Purpose of IPC Section 39
The main legal objective of IPC Section 39 is to deter individuals from attempting serious crimes by ensuring that attempts themselves are punishable. It recognizes that an attempt to commit a grave offence poses a threat to society, even if the crime is not completed. This provision helps uphold public safety by addressing criminal intentions and actions at an early stage.
Discourages attempts to commit serious offences.
Ensures legal consequences even if the crime is not completed.
Protects society by addressing dangerous intentions.
Cognizance under IPC Section 39
Cognizance under Section 39 is generally taken when there is clear evidence of an attempt to commit a punishable offence. Courts examine the facts to determine whether the accused had the intention and took steps towards committing the offence.
Cognizance is taken when an attempt is proved beyond reasonable doubt.
Requires evidence of overt acts towards committing the offence.
Courts assess whether the attempt was substantial enough to warrant punishment.
Bail under IPC Section 39
Offences under IPC Section 39 are generally non-bailable because they relate to attempts to commit serious crimes. However, bail may be granted depending on the nature of the original offence attempted and the circumstances of the case.
Bail is not a matter of right; it depends on the offence attempted.
Court considers the gravity of the original offence.
Bail may be granted if the attempt is minor or circumstances justify it.
Triable By (Which Court Has Jurisdiction?)
The trial for offences under IPC Section 39 depends on the nature of the original offence attempted. If the original offence is triable by a Sessions Court, then the attempt will also be tried by the Sessions Court. Similarly, if the offence is triable by a Magistrate, the attempt is tried by the Magistrate.
Sessions Court tries attempts of serious offences triable by Sessions Court.
Magistrate tries attempts of offences triable by Magistrate.
Jurisdiction aligns with the original offence's trial court.
Example of IPC Section 39 in Use
Suppose a person tries to commit robbery, which is punishable with imprisonment up to 10 years. The person plans and takes steps to rob a bank but is caught before completing the act. Under IPC Section 39, the court can punish the person for the attempt, with imprisonment up to 2.5 years (one-fourth of 10 years). If the attempt was minor or lacked clear intent, the punishment might be less or bail granted.
In contrast, if the attempt was well-planned and close to completion, the court is likely to impose a stricter sentence. This example shows how Section 39 punishes attempts to commit serious crimes, even if unsuccessful.
Historical Relevance of IPC Section 39
IPC Section 39 has its roots in the original Indian Penal Code drafted in 1860. It was designed to address the gap where attempts to commit serious crimes were not adequately punished. Over time, courts have interpreted this section to ensure that criminal attempts receive proportionate punishment.
1860: IPC enacted including Section 39 on attempts.
Landmark cases clarified the scope of 'attempt' under this section.
Judicial interpretations have expanded understanding of punishable attempts.
Modern Relevance of IPC Section 39
In 2025, IPC Section 39 remains crucial in criminal jurisprudence. Courts continue to rely on it to punish attempts at serious offences, maintaining deterrence. The section supports modern law enforcement by addressing preparatory acts that threaten public safety.
Courts apply Section 39 to evolving crimes like cyber offences.
Supports preventive justice by punishing attempts early.
Enhances social security by discouraging criminal attempts.
Related Sections to IPC Section 39
Section 511 – Punishment for attempting offences not otherwise provided for
Section 40 – Attempt to commit offences punishable with death
Section 41 – Punishment for attempting to commit offences punishable with imprisonment for life
Section 120B – Criminal conspiracy (related to attempts)
Section 34 – Acts done by several persons in furtherance of common intention
Case References under IPC Section 39
- State of Maharashtra v. Mayer Hans George (1965 AIR 722, SC)
– The Supreme Court held that an attempt requires a direct movement towards commission of the offence after preparations.
- R v. Shivpuri (1986 AIR 180, HL)
– The House of Lords ruled that an attempt to commit an impossible crime is still punishable under attempt provisions.
- Sharad Birdhichand Sarda v. State of Maharashtra (1984 AIR 1622, SC)
– Clarified the difference between preparation and attempt for criminal liability.
Key Facts Summary for IPC Section 39
- Section:
39
- Title:
Punishment for Attempting Certain Offences
- Offence Type:
Non-bailable; Cognizable
- Punishment:
Up to one-fourth of maximum imprisonment prescribed for the offence, or fine, or both
- Triable By:
Magistrate or Sessions Court depending on original offence
Conclusion on IPC Section 39
IPC Section 39 plays a vital role in Indian criminal law by ensuring that attempts to commit serious offences do not go unpunished. It bridges the gap between intention and completed crime by providing a legal basis to punish attempts proportionately. This helps deter criminal behavior at an early stage and protects society from potential harm.
As crime methods evolve, Section 39 remains relevant by addressing attempts in various contexts, including modern offences. Its balanced approach to punishment supports justice while considering the degree of the attempt. Overall, it strengthens the criminal justice system's ability to maintain law and order.
FAQs on IPC Section 39
What does IPC Section 39 cover?
It covers punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment, allowing courts to penalize incomplete crimes.
Is an attempt under Section 39 always punishable?
Yes, if the attempt is proven beyond reasonable doubt and relates to a serious offence, the court can impose punishment under this section.
Can bail be granted for offences under Section 39?
Bail is not automatic; it depends on the nature of the original offence and case circumstances. Courts decide on a case-by-case basis.
Which court tries offences under IPC Section 39?
The trial court depends on the original offence's jurisdiction—either a Magistrate or Sessions Court.
How is the punishment determined under Section 39?
The punishment can extend up to one-fourth of the maximum imprisonment prescribed for the original offence, or fine, or both.
