Doing an act towards the commission of an offence that is not completed.
Explanation
An unsuccessful effort to commit an offence — where a person does an act with the intent to commit the offence, the act falls short of the complete offence but goes beyond mere preparation.
Statutory Provision
BNS 2023, Section 62 (general provision on attempt, formerly IPC Section 511); specific offences also have built-in attempt provisions.
Doing any act towards the commission of an offence with intent to commit it, the attempt being sufficiently proximate to the completed offence — punishable even though the substantive offence is not completed.
Explanation
Section 62 BNS 2023 provides the general provision for attempt to commit offences — punishable with up to half the punishment for the completed offence (or life imprisonment if the completed offence is punishable by death). The test for 'attempt' (as opposed to mere preparation): the accused must have crossed the threshold from mere preparation to execution — performed an act that is proximate to the completion of the offence. Preparation is generally not punishable; attempt is. The distinction: a person who purchases a weapon (preparation) is not guilty of attempt to commit murder; a person who raises the weapon at the victim (execution) is. The test varies by jurisdiction; Indian courts use the 'proximity' test.
Statutory Provision
Section 62, Bharatiya Nyaya Sanhita (BNS), 2023 (formerly Section 511 IPC): 'Whoever attempts to commit an offence punishable by this Sanhita with imprisonment for life or imprisonment, or to cause such an offence to be committed, and in such attempt does any act towards the commission of the offence, shall, where no express provision is made by this Sanhita for the punishment of such attempt, be punished with imprisonment of any description provided for the offence, for a term which may extend to one-half of the imprisonment for life or, as the case may be, one-half of the longest term of imprisonment provided for that offence, or with such fine as is provided for the offence, or with both.'
The act of witnessing the execution of a document and signing it to confirm that it was duly executed.
Explanation
Attestation requires the attesting witness to be present at the execution of the document and to sign as a witness — for wills, two attesting witnesses are mandatory.
Statutory Provision
Transfer of Property Act, 1882, Section 3 (definition of attested); Indian Succession Act, 1925, Section 63 (attestation of wills); BSA Section 59 (proof of attestation).
A public sale in which goods are sold to the highest bidder through a competitive bidding process conducted by an auctioneer — each bid is an offer and the fall of the hammer is acceptance.
Explanation
An auction sale is governed by Section 64 of the Sale of Goods Act, 1930. Each bid constitutes an offer by the bidder; the auctioneer's acceptance (by the fall of the hammer or other customary signal) constitutes the seller's acceptance. Key rules: (a) the auctioneer is the seller's agent (not the buyer's); (b) a bidder may withdraw their bid before the hammer falls — until acceptance, the offer is revocable; (c) the seller may reserve a right to bid; (d) if the seller uses a fictitious pauper bidder (puffing/by-bidding) without reserving that right, the buyer may treat the sale as fraudulent; (e) the seller may fix a reserve price below which they will not sell.
Statutory Provision
Section 64, Sale of Goods Act, 1930: '(1) Where goods are put up for sale in lots, each lot is prima facie deemed to be the subject of a separate contract of sale. (2) A sale by auction is complete when the auctioneer announces its completion by the fall of the hammer or in other customary manner; and, until such announcement is made, any bidder may retract his bid. (3) Where a right to bid is expressly reserved by or on behalf of the seller, it shall be lawful for the seller or any one person on his behalf to bid at the auction. (4) Where a sale by auction is not notified to be subject to a right to bid on behalf of the seller, it shall not be lawful for the seller to bid himself or to employ any person to bid at such sale, or for the auctioneer knowingly to take any bid from the seller or any such person; and any sale contravening this rule may be treated as fraudulent by the buyer.'
The principle of natural justice that no person shall be condemned without being heard — both sides to a dispute must be given a fair opportunity to present their case before any decision is made against them.
Explanation
Audi alteram partem (Latin: 'hear the other side') is one of the two cardinal principles of natural justice (the other being nemo judex in causa sua). The principle requires that before any adverse decision is made against a person, they must: (a) receive notice of the case against them; (b) be given a reasonable opportunity to respond; and (c) have their response genuinely considered by the decision-maker. The principle applies not only to courts but to all statutory tribunals, administrative authorities, and quasi-judicial bodies that make decisions affecting legal rights. Violation of audi alteram partem renders the decision void.
Statutory Provision
No single statutory provision — audi alteram partem is a foundational principle of natural justice applied across all decision-making contexts. Article 21 Constitution (right to life and personal liberty) has been interpreted to include procedural due process — and audi alteram partem is a core component. In administrative law, it is applied through judicial review under Article 226. Section 8 of the Constitution of India guarantees protection against arbitrary action by the State, which includes the right to be heard.
Transactions entered into by a corporate debtor prior to insolvency that can be set aside by the Resolution Professional or Liquidator under the IBC — including preferential transactions, undervalued transactions, extortionate credit transactions, and fraudulent transactions.
Explanation
The IBC Avoidance Provisions (Sections 43-51) allow the RP or Liquidator to challenge and reverse pre-insolvency transactions that unfairly depleted the debtor's assets: (a) Section 43-44: Preferential transactions — transactions giving unfair preference to a creditor during the 'look-back period' (12 months for non-related parties; 24 months for related parties); (b) Section 45-47: Undervalued transactions — transfers of assets for significantly less than market value in the same look-back periods; (c) Section 49: Extortionate credit transactions — credit obtained on extortionate terms in the 2 years before CIRP; (d) Sections 66-69: Fraudulent trading, wrongful trading, wrongful concealment — criminal provisions that may be invoked against directors and others.
Statutory Provision
Section 43(2), Insolvency and Bankruptcy Code, 2016: 'A corporate debtor shall be deemed to have given a preference, if — (a) there is a transfer of property or an interest thereof of the corporate debtor for the benefit of a creditor or a surety or a guarantor for or on account of an antecedent financial debt or operational debt or other liability owed by the corporate debtor; and (b) the transfer has the effect of putting such creditor, surety or guarantor in a beneficial position than it would have been in the event of a distribution of assets being made in accordance with section 53.'
