INTRODUCTION
The crime rate is at increase in our society. To constitute an offence, there are various stages. These stages include intention, preparation, attempt and commission. The first stage is the intention. If there is only intention to commit an offence, then it is not punishable because, at any point in time, a person can change his mind. There has to be an evil intention or bad intention (mens rea) to constitute an offence. The second stage is the preparation. Preparation includes the arrangement of various methods that are required for the commission of the offence. In many cases, preparation is not punishable. It is only in exceptional cases where preparation is punishable by law. The third stage is an attempt. Attempt is the a step forward towards the commission of a crime after the preparations. The fourth stage is the commission of offence. It is the completion of criminal conduct. There is punishment under the Indian Criminal Law regarding the attempt and commission of offence. This article explores the attempt to commit offences provided under the Indian Penal Code, 1860.
ATTEMPT TO COMMIT OFFENCES
The Indian Penal Code, 1860 has not given any specified definition of the term ‘attempt’. According to Halsbury, an overt act immediately in connection with the commission of an offence forming part of series of acts which, if not interrupted or frustrated would end in the commission of actual offence, is, if done with a guilty intent is an attempt to commit an offence.
The legal maxim ‘actus non facit reum nisi mens sit rea’ which refers that an act does not make a person guilty alone, but the mind should also be guilty, applies to the concept of attempt as well as the commission of offence.
The essentials of attempt are as follows:
- There must be ‘Mens Rea’ (guilty mind)
- There must be ‘Actus Reus’ (guilty act).
- There must be ‘failure’ to accomplish the act.
SECTION 511 OF INDIAN PENAL CODE, 1860
Chapter XXIII of the Indian Penal Code, 1860 provides for attempts to commit offences. It consists of only one section i.e. Section 511. Section 511 states the punishment for attempting to commit offences punishable with imprisonment of life or other imprisonment.
If a person attempts to commit an offence which is punishable with imprisonment for life or other imprisonment or cause such offence to committed, the act which is done in such attempt towards the commission of offence shall be punished with imprisonment for a term which may extend to one-half of the imprisonment for life or one-half of longest term of imprisonment provided for that offence or with fine provided for the offence or both. This provision applies for the offence committed under Indian Penal Code, 1860.
The section does not apply to cases of attempts that have specific sections mentioning their punishment of attempt. Such sections that has specifically provided punishment for attempt are Section 121, 124, 125, 130,196, 198, 200, 213, 239, 240, 241, 307, 308, 309, 385, 387, 389, 391, 393, 394, 398 and 460.
In ‘Abhayanand Mishra v. State of Bihar1’, When the accused for getting admission in Patna University forged certificates and sent them by post to the university, the Supreme Court held that it was much more beyond preparation. The act amounted to attempt.
Illustration (a) of Section 511 states that is a person ‘A’ makes an attempt to steal jewels by breaking a box and finds no jewel in it, he is guilty of an attempt. This is because ‘A’ has done an act towards the commission of theft. This is an example of an impossible attempt.
TEST FOR DETERMINATION OF ATTEMPT
The three tests for the determination of attempt are as follows:
- Proximity Test
This test determines how proximate the act committed by the person in completion of offence is. In ‘State of Maharashtra v. Mohammad Yakub2’, Justice Chinnappa Reddy stated that the measure of proximity lies in relation to intention. It does not lie in relation to time and action. To constitute an attempt, there has to be an intention and an act in proximate to the intended result.
- The doctrine of Locus Poenitentiae
This doctrine determines when the act is merely a preparation. The term ‘locus poenitentiae’ refers to an opportunity to pull out from committing a crime.
In ‘Malkiat Singh v. State of Punjab3’, when the truck driver Malkiat Singh was carrying paddy out of the state of Punjab without license. But, he stopped fourteen miles away from the Punjab Delhi Border, the Supreme Court held that carrying of paddy did not amount to attempt, it was merely preparation.
- Equivocality Test
When the acts of a person speak about his intention, then the act is an attempt. This test is a merger of the doctrine of locus penitential and proximity test.
CONCLUSION
Attempt, as well as completion of an offence, is both punishable under the Indian Penal Code, 1860. An attempt is punishable because the elements necessary to constitute offence are present i.e. act and guilty mind.
SOURCES:
1 AIR 1961 SC 1698
2 (1980) 3 SCC 57
3 A.I.R. 1970 S.C. 713
This blog is written by Jyotsna Singh, Banasthali Vidyapith
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