§ 512 — Punishment for attempting to commit offences

512.—(1) A person who attempts to commit an offence punishable by this Code or by any other written law with death or imprisonment for life, shall, where no express provision is made by this Code or by such other written law for the punishment of such attempt, be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to fine or to caning.Illustration

A attempts to commit kidnapping of B in order that B may be murdered but did not succeed. If A had committed kidnapping in order to murder, he would have been punished with death or imprisonment for life (and would, if not sentenced to death, also be liable to caning). A shall be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to fine or to caning.

[15/2019]

(2) Subject to subsection (3), any person who attempts to commit an offence punishable by this Code or by any other written law (other than an offence mentioned in subsection (1)), shall, where no express provision is made by this Code or by such other written law for the punishment of such attempt, be punished with such punishment as is prescribed for that offence.[15/2019]

(3) Despite subsection (2), where the punishment prescribed for an offence mentioned in that subsection is fixed by law, a specified minimum sentence or a mandatory minimum sentence of imprisonment or fine or caning, the court sentencing the person who attempted to commit the offence —(a)

shall not be bound to impose such fixed, specified or mandatory minimum sentence; and

(b)

may sentence the offender to such sentence or combination of sentences as the court thinks fit but not exceeding the maximum punishment prescribed for that offence.[15/2019]

(4) To avoid doubt, nothing in subsection (3)(b) empowers a court to impose a type of punishment that is not prescribed for an offence mentioned in subsection (2) or otherwise provided by any written law for that offence.Illustration

A attempts to commit robbery but did not succeed. If A had committed robbery, he would have been subject to a mandatory minimum term of imprisonment of not less than 2 years and mandatory caning of a minimum of 6 strokes. As the court is not bound to impose the minimum mandatory punishment prescribed for robbery, A may be sentenced to 6 months imprisonment with no caning for attempted robbery. However, the court may not sentence A to a fine, as this is not a prescribed punishment for robbery but the court may sentence A to probation if he is a young offender.

[15/2019]

—(1) A person who attempts to commit an offence punishable by this Code or by any other written law with death or imprisonment for life, shall, where no express provision is made by this Code or by such other written law for the punishment of such attempt, be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to fine or to caning.Illustration

A attempts to commit kidnapping of B in order that B may be murdered but did not succeed. If A had committed kidnapping in order to murder, he would have been punished with death or imprisonment for life (and would, if not sentenced to death, also be liable to caning). A shall be punished with imprisonment for a term which may extend to 20 years, and shall also be liable to fine or to caning.

[15/2019]

(2) Subject to subsection (3), any person who attempts to commit an offence punishable by this Code or by any other written law (other than an offence mentioned in subsection (1)), shall, where no express provision is made by this Code or by such other written law for the punishment of such attempt, be punished with such punishment as is prescribed for that offence.[15/2019]

(3) Despite subsection (2), where the punishment prescribed for an offence mentioned in that subsection is fixed by law, a specified minimum sentence or a mandatory minimum sentence of imprisonment or fine or caning, the court sentencing the person who attempted to commit the offence —(a)

shall not be bound to impose such fixed, specified or mandatory minimum sentence; and

(b)

may sentence the offender to such sentence or combination of sentences as the court thinks fit but not exceeding the maximum punishment prescribed for that offence.[15/2019]

(4) To avoid doubt, nothing in subsection (3)(b) empowers a court to impose a type of punishment that is not prescribed for an offence mentioned in subsection (2) or otherwise provided by any written law for that offence.Illustration

A attempts to commit robbery but did not succeed. If A had committed robbery, he would have been subject to a mandatory minimum term of imprisonment of not less than 2 years and mandatory caning of a minimum of 6 strokes. As the court is not bound to impose the minimum mandatory punishment prescribed for robbery, A may be sentenced to 6 months imprisonment with no caning for attempted robbery. However, the court may not sentence A to a fine, as this is not a prescribed punishment for robbery but the court may sentence A to probation if he is a young offender.

[15/2019]