Distinction Between Attempt And Preparation
In criminal law, distinguishing between attempt and preparation is crucial because attempt is punishable, whereas mere preparation is generally not, unless specifically stated by law.
🔍 Meaning of Preparation and Attempt
🔹 Preparation:
Preparation involves devising means or measures necessary for the commission of a crime. It includes activities like buying weapons, collecting tools, planning the strategy, or making arrangements.
➡️ It is the stage before any direct act is done towards the commission of the crime.
❗ General Rule: Mere preparation is not punishable, as it does not sufficiently show the criminal intent translated into action.
🔹 Attempt:
Attempt is when a person goes beyond preparation and does an act towards the commission of the offence, but the final result (the crime) is not completed due to some reason.
➡️ It is the direct movement towards committing the crime.
❗ Attempt is punishable under Section 511 of IPC (for offences not separately provided), or under special provisions for specific offences (e.g., attempt to murder - Section 307 IPC).
✅ Elements to Distinguish:
| Aspect | Preparation | Attempt |
|---|---|---|
| Stage | Initial stage | Proximate to commission |
| Act | Arranging tools or planning | Direct action to commit the crime |
| Liability | Usually not punishable | Punishable |
| Example | Buying poison | Administering poison but victim survives |
🔍 Landmark Case Laws Explaining the Distinction
1. State of Maharashtra v. Mohd. Yakub (1980) 3 SCC 57
Facts: The accused was caught with contraband goods in a truck near the port. He was trying to smuggle them out of India.
Issue: Whether his actions constituted mere preparation or an attempt to commit smuggling.
Held: The Supreme Court held that since the accused had crossed all preparatory stages (transported goods to the port, made arrangements for shipment), it amounted to an attempt.
Principle: When a person takes steps that are directly and immediately connected to the crime, it goes beyond preparation.
2. Abhayanand Mishra v. State of Bihar (1961 AIR 1698)
Facts: The accused submitted fake documents and attempted to appear for an examination.
Issue: Whether this act was mere preparation or attempt to cheat.
Held: The Supreme Court ruled it was an attempt to cheat, not just preparation, because he used false documents with intent to deceive.
Principle: When a person not only prepares but also uses fraudulent means to achieve a criminal end, it amounts to attempt.
3. Malkiat Singh v. State of Punjab (1970 AIR 713)
Facts: The accused was carrying paddy to export to another state in violation of a prohibition.
Held: The court held it was only preparation, as he was caught before crossing the border.
Principle: Until a person crosses the last point where he can withdraw from the crime, it is still preparation.
4. Rex v. Cheeseman (1836)
Facts: The accused bought materials to make counterfeit coins, but was caught before starting the actual minting.
Held: This was considered preparation, not attempt.
Principle: Buying tools or material alone does not amount to attempt unless the process of the crime starts.
5. State of Rajasthan v. Shiv Charan (AIR 1986 SC 1167)
Facts: Accused attempted to shoot another person but missed the shot.
Held: It was an attempt to murder, not preparation.
Principle: A direct action (like firing a gun) intending to kill is a clear attempt.
6. Koppula Venkat Rao v. State of Andhra Pradesh (2004 Cri LJ 1805)
Facts: Accused lured a girl with the intention to rape, but due to resistance, he could not complete the act.
Held: The court held it as attempt to rape.
Principle: If physical actions indicate a direct move towards the crime, it is attempt, even if the act is not completed.
✅ Summary Table: Preparation vs. Attempt (with Case Examples)
| Point | Preparation | Attempt |
|---|---|---|
| Definition | Arranging things for a crime | Direct action towards crime |
| Punishment | Not usually punishable | Punishable under IPC |
| Case | Malkiat Singh v. State of Punjab | Abhayanand Mishra v. State of Bihar |
| Key Element | No direct act | Act done with intent and proximity |
| Example | Buying acid | Throwing acid but victim survives |
✅ Legal Provision in IPC
Section 511 IPC: Punishes attempt to commit offences punishable with life or other punishments (when not separately specified).
Specific Provisions:
Attempt to murder – Section 307 IPC
Attempt to commit suicide – Section 309 IPC
Attempt to rape – Section 376(2) (as amended)
Attempt to commit theft – Section 379 read with 511 IPC
Conclusion
The line between preparation and attempt is not always clear, and depends on facts and intention.
Courts look at the proximity of the act to the actual offence, and whether there was a clear, direct move to commit the crime.
Attempt is always closer to the final execution, and courts punish it to prevent harm and protect society.
RELATED Blog
0 comments