Thursday, May 30, 2024

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IPCMODEL ANSWER

ATTEMPT

Explain briefly the concept of Attempt given under Indian Penal Code, 1860.

It cannot be denied by anyone that Indian Justice Delivery System is one of the most efficient Justice Delivery System in the whole world and the main aim of our Justice delivery system is to protect the rights of each and every individual and to administer justice to an aggrieved person by giving punishment to the accused person. According to the Criminal Jurisprudence, if any person commits a crime, then according to the provisions of Indian Penal Code, 1860, that person should punished for committing such crime. According to the provisions of Indian Penal Code, 1860, only such person cannot be punished who commits a crime but such person can also be punished who attempts to commit a crime.

So, according to the provisions of Indian Penal Code, 1860, an attempt to commit a crime is also considered an offence and if any accused attempts to commit a crime, then he should be punished according to the procedure established by the law.

The term attempt to commit an offence has not been defined anywhere in any statute. Section 511 of Indian Penal Code, 1860, deals with the punishment only. According to section 511 of Indian Penal Code, 1860, if any accused attempts to commit an offence, then in such a case, he should be given one half of the punishment which has been given for the commission of the abovesaid offence.

To understand the basic concept of an Attempt to commit an offence and its basic elements then it is necessary to know the meaning of this term.

โ€˜Attemptโ€™ in general meaning is said to be an effort to achieve tasks or activities. If an accused tries to commit an offence but fails to achieve his desired result then it is said that he has committed an offence of attempt to commit a crime.

 In the leading case of Koppula Venkata Rao vs. State of Andhra Pradesh (SC, 2004), the Supreme Court has said that an โ€œattemptโ€ should be taken as ordinary meaning. The ordinary meaning of โ€˜attemptโ€™ to commit an offence is an act or series of acts which leads inevitably to the commission of the offence unless something which the doer of the act neither foresaw not intended happens to prevent this.

Moreover, in the leading case of Abhayanand Mishra vs. State of Bihar (SC 1961), the Supreme Court has described essential elements of โ€˜Attemptโ€™ which are as follows: –

  • It is necessary that accused must have an intention or mens rea to commit the intended offence.
  • For the commission of the intended offence, he must take a step forward.
  • But he fails to commit the intended offence for any uncontrollable reason.

 As we all know, according to the Criminal Jurisprudence, there are four stages of a crime and these are: –

  1. Intention
  2. Preparation
  3. Attempt
  4. Commission

It is very easy to understand the first and fourth stage of the crime but it is very difficult to find out when the stage of preparation ends and when the stage of attempt begins. But to punish the offender, it is necessary to find out because the stage of preparation is not punishable whereas the stage of attempt is punishable. If a person only prepares himself and arranges the material to commit a crime then in such a case, he should not be punished because according to the provisions of Indian Penal Code, 1860, the stage of preparation is not punishable. But if any person after preparing himself takes further step to commit an offence, then in such a case, he should be punished for committing the offence of attempting to commit a crime.

In the leading case of Aman Kumar vs State of Haryana (SC 2004), the Honโ€™ble Supreme Court held that the stage of attempt begins only when the stage of preparation ends and the stage of preparation ends only when any step is taken by the accused towards committing the intended offence.

Moreover, there are some rules that have been laid down by the Criminal Justice System to determine whether an act amounts to mere preparation or an attempt to commit an offence and these rules have been discussed below: –

  1. Rule of Proximity: – According to the provisions of Indian Legal System, with the help of this rule, court can examine that how much the accused was close to completing the intended offence. Basically, it means that the accused was so close to achieve his aim and he committed his last act but he failed to achieve his goal just because of uncontrollable conditions, then in such a case, it will be considered that he has committed the offence of attempting to commit a crime.

In the leading case of State of Maharashtra vs. Mohd. Yakub (SC 1980), the Apex court applied this rule and held that to punish a person under section 511 of Indian Penal Code, 1860, the court will examine that how much the accused was close to the crime.

  • Rule of Repentance: – This rule deals with those cases in which an individual after completing his preparation to commit a crime changes his mind at the end and drops the idea to commit the intended crime. In this situation, an individual will not be punished because when he dropped his idea of committing the crime, he was at the stage of preparation and this is not punishable.

In the leading case of Malkiat Singh vs State of Punjab (SC 1968), the Supreme Court applied the rule of Repentance and held that a person should not be punished before committing any act towards the commission of crime because sometimes a situation may arise where he could change his mind and drop the idea of committing the crime.

  • Attempt to commit an impossible act: – According to the provisions of Indian Penal Code, 1860, if any person attempts to commit a crime which is actually impossible in nature, then also he will be punished under section 511 of Indian Penal Code, 1860.

For example: – If a person with an intention to steal money from the pocket of another person puts his own hand into the pocket of another person and thereafter, he finds it empty, then in such case also, he will be punished under section 511 of Indian Penal Code, 1860.

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