Attempt to Commit Criminal Misconduct under Section 15 PC Act

Section 15 punishes an attempt to commit the offence referred to in Section 13(1)(a), the misappropriation branch of criminal misconduct. The 2018 amendment narrowed its connection to the recast Section 13.

Preparation versus attempt

Criminal attempt begins when conduct moves beyond preparation and is sufficiently proximate to dishonest or fraudulent misappropriation or conversion of entrusted property. Creating access, discussing a plan or possessing forms may be preparation; executing a false transfer instruction or diverting controlled property may cross the line.

The completed offence need not occur

Intervention, detection or failure does not prevent attempt liability. The prosecution must still prove intent and an overt act directed toward the specified Section 13(1)(a) offence.

Entrustment and control

Because Section 15 is tied to misappropriation, the property and the public servant’s entrustment or control must be identified. An attempt charge cannot become a substitute for the deleted general abuse-of-position offence.

Charging practice

The charge should specify the intended conversion, overt act, property and reason completion failed. Alternative charges may be permissible, but conviction requires findings matching the statutory route.

Section 15 criminalises a close and intentional move toward corrupt misappropriation, while preserving the traditional boundary between preparatory suspicion and punishable attempt.

Sources

Prevention of Corruption Act, 1988, Sections 13(1)(a) and 15: https://indiacode.nic.in/bitstream/123456789/9317/1/corruptiona1988-49.pdf

Bharatiya Nyaya Sanhita, 2023, Section 62: https://www.indiacode.nic.in/handle/123456789/20062

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