Table of Contents

Attempt

Table of Contents

Theoretical overview

There are four stages of crime, which are Mens rea, preparation, attempt and commission. Attempt is the third stage of the crime, though the term attempt is not defined anywhere in Indian penal code. A person is punished for an attempt when he has taken any step after preparation which is proximately connected with the commission. It is an inchoate crime.

It is regarded as an inchoate crime as it is an incomplete or unfinished offence. Impossible attempt is also regarded as an attempt to promote social welfare as the aim of the law is to deter crimes.

Test to find the difference between preparation and attempt are: –

1. Proximity test – it is measured that the defendant is how close to the completion of the crime

2. Locus Poenitentiae test (doctrine of repentance) – person cannot be charged for an attempt if he is in the position to give up or abandon his plan out of his own accord, after the formation of Mens rea

3. Res Ispa Loquitor test (unequivocally test) – it means the things speaks for itself. Some actions are of such nature which itself defines its cause.

Punishment – 

1. Same punishment at attempt and completion

2. Separate punishment for attempt and offence itself. For example- murder and attempt to murder

3. Attempt is punishable and not the crime

4. If no specific provision for attempt is given, then it will be given under section 511 of IPC which states the half of the longest term given in the offence itself.

Meaning of attempt

No exhaustive and precise definition of what would amount to an attempt to commit an offence is possible.  There is a thin line between the preparation for, and an attempt to, commit an offence. The moment a person commences to do an act with the necessary intention, he commences his attempt to commit the offence.

Important case laws

State of Maharashtra vs. Mohammad Yakub and others (1980) – In this case some police officers have confiscated a truck as it was rumored to be having silver pearls in it. The police in good faith presumed that, if they will stop that truck near the bridge, they could prevent the smuggling of silver pearls to the Boat passing under the bridge. The test of proximity was used in this case.

Malkiat Singh vs. State of Punjab 1870 – The truck driver stopped his truck from passing the border 32 miles away from it, the court held that as per the doctrine of repentance the person has abandoned his plan and he cannot be held liable for any offence

Important legal maxims and terms

  1. Locus Poenitentiae test – it is the doctrine of repentance. It means giving up the plan before attempting it
  2. Res Ispa Loquitor test – it means that things speak for itself.
  3. Inchoate crimes – these offences are considered as incomplete offences.

Points to remember

  • Attempt is the third stage of the crime, though the term attempt is not defined anywhere in Indian penal code
  • Attempt is regarded as an inchoate crime as it is an incomplete or unfinished offence
  • Impossible attempt is also regarded as an attempt to promote social welfare as the aim of the law is to deter crimes.

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