Attempted Crimes And Inchoate Offenses
Meaning
Attempted Crimes are acts where a person intends to commit a crime and takes steps toward its commission but does not complete it. The failure can be due to intervention, accident, or abandonment.
Inchoate Offenses (inchoate = “not fully formed”) are incomplete or preparatory offenses that anticipate the commission of a substantive crime. These include:
Attempt – Trying to commit a crime.
Conspiracy – Agreement between two or more persons to commit a crime.
Abetment – Encouraging, aiding, or instigating a crime.
The law treats inchoate offenses seriously because they threaten public safety and order, even if the main crime is not completed.
Key Features of Attempted Crimes
Intention – There must be a clear criminal intent.
Overt Act – There must be an act toward committing the crime, not mere preparation.
Non-Completion – The crime must remain incomplete.
Proximity – The act must be sufficiently proximate to the commission of the crime.
Legal Basis in India:
Section 511, Indian Penal Code (IPC): Punishment for attempting to commit offenses punishable with imprisonment.
Section 107–120B, IPC: Covers abetment and criminal conspiracy.
Types of Inchoate Offenses
Attempt (Sec 511 IPC) – Trying to commit murder, theft, robbery, etc.
Criminal Conspiracy (Sec 120A/B IPC) – Agreement to commit a crime.
Abetment (Sec 107–120 IPC) – Instigating or aiding someone to commit a crime.
⚖️ Landmark Case Laws on Attempted Crimes and Inchoate Offenses
1. R v. White (1910, UK)
Facts:
The defendant, White, attempted to poison his mother to inherit her money.
She died of a heart attack before the poison could kill her.
Judgment:
The court held that White could be convicted of attempted murder, because he had intended to kill and took a substantial step toward it.
Since she did not die due to the poison, he was not guilty of murder, only the attempt.
Principle:
Attempt requires intent and an act towards commission, even if the final result does not occur.
2. R v. Eagleton (1980, UK)
Facts:
Defendant tried to set fire to a building to claim insurance.
The fire was discovered and put out before any damage occurred.
Judgment:
Convicted of attempted arson.
The court emphasized that preparation plus intention = attempt when the act moves toward the commission of the offense.
Principle:
Mere preparation may not suffice; there must be an overt act toward completion.
3. State of Maharashtra v. Mayer Hans George (1965, India)
Facts:
The accused attempted to smuggle gold, but customs officials caught him before he could succeed.
Judgment:
Supreme Court held that attempted smuggling is punishable under IPC even if the act is incomplete.
Conviction based on clear intent and preparatory acts.
Principle:
Indian law punishes attempted crimes if there is a substantial step toward commission.
4. R v. Shivpuri (1986, UK)
Facts:
Defendant believed he was carrying illegal drugs but they were actually harmless.
He intended to commit drug trafficking.
Judgment:
Convicted of attempted crime even though completion was impossible.
Impossibility is not a defense if intent and overt act are present.
Principle:
Attempts are punishable even if the completion is factually or legally impossible, as long as intent and action exist.
5. D.P. Sharma v. State of Bihar (1972, India)
Facts:
Accused conspired with others to commit a bank robbery.
Police arrested them before the robbery could occur.
Judgment:
Court held that conspiracy itself is punishable under IPC (Sec 120B), even if the crime is not completed.
The agreement and preparation were sufficient for conviction.
Principle:
Criminal conspiracy is an inchoate offense and punishes the danger of criminal agreement.
6. R v. Jogee (2016, UK) – Abetment / Joint Enterprise
Facts:
Accused assisted and encouraged another to commit murder, but was not the principal offender.
Judgment:
Supreme Court of UK clarified that abetment requires intention to assist or encourage the crime.
Mere presence at the scene is not enough; there must be active participation or encouragement.
Principle:
Highlights the importance of mens rea in inchoate offenses.
✅ Key Legal Principles from Case Law
Attempt = Intent + Overt Act
Impossible Crimes are Punishable if Intent Exists (R v. Shivpuri)
Conspiracy is Punishable Even Without Completion (D.P. Sharma)
Abetment Requires Active Participation (R v. Jogee)
Preparation Alone is Not Enough; There Must Be Proximity to Crime (R v. Eagleton)
Conclusion
Attempted crimes and inchoate offenses are designed to prevent harm before it occurs.
Courts have consistently emphasized:
Intention and substantial step are critical for attempt.
Conspiracy and abetment are punishable even without the completion of the main crime.
These laws serve as preventive and deterrent measures, protecting society from potential harm.
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