Codification Of Attempt In Bns
What is Attempt in IPC?
An attempt refers to an act done with the intention to commit a crime but which falls short of completing it. The law punishes attempt to prevent harm before the actual crime occurs.
Relevant Sections of IPC on Attempt
Section 511 IPC: The main provision dealing with attempts to commit offenses that are punishable.
“Whoever attempts to commit an offense punishable by this Code with imprisonment for life or any other imprisonment, and in such attempt does any act towards the commission of the offense, shall be punished with imprisonment for a term which may extend to half of the longest term of imprisonment provided for the offense, or with such fine, or with both.”
Explanation: To convict for attempt, the accused must have:
Intention to commit a specific offense.
Done an act towards the commission of the offense.
The offense is punishable under the IPC.
Essentials of Attempt under IPC (Section 511):
Intention to commit a specific offense.
An act done towards commission of that offense.
The offense attempted must be punishable under IPC.
The act must be more than mere preparation.
The attempt must be frustrated or fail to complete the crime.
Detailed Case Laws on Codification of Attempt
1. State of Maharashtra v. Mayer Hans George (1965) AIR 722
Facts: Accused was charged with attempting to commit murder by firing shots but the victim was not harmed.
Holding: The Supreme Court held that for an attempt, the act done must be such that it tends to bring about the intended crime. The act of firing a gun at a person with intent to kill amounts to an attempt to murder.
Significance: The case clarified that an attempt involves an act that is proximate to the commission of the crime, not just preparation.
2. R. v. Eagleton (1855) 1 F & F 346
Facts: Defendant was charged with attempting to commit murder by firing at a person but the victim was not injured.
Holding: It was held that if the act done is more than mere preparation and directly tends to accomplish the crime, it amounts to an attempt.
Significance: This case is often cited to explain the difference between preparation and attempt. Mere intention or preparation is not punishable; there must be a direct act toward commission.
3. Shiv Charan Singh v. State of Rajasthan (1965) AIR 1354
Facts: The accused was caught while attempting to forcibly enter a house to commit theft but was stopped before stealing anything.
Holding: The court held that the attempt to commit theft was complete when accused took a step towards theft by breaking the lock and trying to enter.
Significance: This case established that the act of breaking into the house with the intention to steal amounts to an attempt.
4. R. v. Stonehouse (1978) 67 Cr App R 101
Facts: The accused faked his death to claim insurance money.
Holding: The court held that an attempt requires a direct act towards the commission of the offense with intent. Mere preparation is insufficient.
Significance: The case emphasizes the importance of direct acts in attempt crimes, beyond mere planning or preparation.
5. Ram Reddy v. State of Andhra Pradesh (1960) AIR 430
Facts: Accused was charged with attempt to murder but no injury occurred.
Holding: The Supreme Court observed that if the act done is immediately connected to the crime, it is sufficient for attempt.
Significance: Reinforces the principle that attempt is about proximity of act to crime, with a clear intention.
6. Baldev Singh v. State of Punjab (1959) AIR 547
Facts: Accused was charged with attempt to commit theft by entering a house.
Holding: The court held that mere entry into the house with intention to steal is an attempt.
Significance: Emphasizes that the act towards the commission of offense does not need to be completed for attempt.
Summary:
The intention and overt act towards commission are essential.
Mere preparation or intention without an act is not punishable.
The act must be proximate and directly tend to commit the offense.
Attempted offenses carry lighter penalties compared to the completed offenses.
Courts rely heavily on the nature of acts and intentions to determine attempts.
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