ATTEMPT TO COMMIT A CRIME AND PREPARATION TO COMMIT A CRIME.

 

ATTEMPT TO COMMIT A CRIME AND PREPARATION TO COMMIT A CRIME.

 

Attempt to commit a crime.

Section 511 of IPC reads as follows:

Whoever attempts to commit an offence punishable by this code with imprisonment for life or other 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 code 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 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 the both.

Illustrations:

a.  A makes an attempt to steal some jewels by breaking open a box and finds after so opening the box, that there is no jewel in it. He has done an act towards the commission of theft, and therefore is guilty under this section.

b.  A makes an attempt to pick the pocket of Z by thrusting his hand into Z’s pocket. A fails in the attempt in consequence of Z’s having nothing in his pocket. A is guilty under this section.

Attempt to commit a crime distinguished from preparation to commit a crime

An attempt to commit a crime must be distinguished from an intention to commit it, and from preparation made for its commission.

A culprit first intends to commit the offence, then makes preparation for committing it and therefore attempts to commit the offence. If the attempt succeeds, he has committed the offence, if it fails due to reasons beyond his control, he is said to have attempted to commit the offence. Attempt to commit an offence can be said to begin when the preparations are complete and the culprit commences to do something with the intention of committing the offence and which is a step towards the commission of the offence. The moment he commences to do an act with the necessary intention, he commences his attempt to commit the offence, the act need not be the penultimate act towards the commission of the offence but it must be an act during the course of committing that offence.

Mere preparation to commit a crime punishable.

Preparation consists in devising or arranging the means or measures necessary for the commission of an offence. The provisions of the section do not extend to make punishable as attempts acts done in the mere stage of preparation.

The law allows a locus poenitentiae and will not hold that a person has attempted a crime until he has passed beyond the stage of preparation. A minor girl under the age of sixteen years was taken by accused nO.1 under the direction of accused No.2 from Sholapur to Tuljapur[then in the Nizam’s territory] and there dedicated to Goddess Amba, with intent or knowing it to be likely that the minor would be used for purposes of prostitution. It was held that the intention of either of the accused while they were staying at Sholapur did not constitute any offence, and their accompanying the girl to Tuljapur did not by itself constitute an abetment. Ranade,J said “In the present case beyond the mere intention and direct preparation, there was no distinct offence by way of instigating the act committed out of British india. Mere intention not followed by an any act can not constitute an offence, and indirect preparation, which does not constitute either a principal offence or an attempt or abetment of the same.

Preparation to commit an offence under sec.122[waging war against the government of india] sec.126[preparation to commit depredation on the territories of any power at peace with the government of india] and sec.399[preparation to commit decoity]

Cases:

Causing banns of bigamous marriage to be published. Where a man, having a wife living, caused the banns of marriage between himself and a woman to be published, it was held that he could not be punished for an attempt to commit bigamy, because the act of causing the publication of the banns of marriage was an act done in the preparation to marry, but did not amount to an attempt to marry. The accused might, before any ceremony of marriage was commenced, have willed not to carry out his criminal intention to marrying her.