Attempt: “Attempt is an act done with intent to commit crime” and Forming Part of Series of Acts Which would constitute actual Commiss…
Attempt:
“Attempt is an act done with intent to commit crime”
and Forming Part of Series of Acts Which would constitute actual Commission of
the Crime if not interrupted”
and Forming Part of Series of Acts Which would constitute actual Commission of
the Crime if not interrupted”
Attempt an (Act done) + Intent to Commit Crime =Series
of Action=Actual Common Of an act
of Action=Actual Common Of an act
Whoever attempts to commit an
offence punishable by the IPC with imprisonment
for life or 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 the code for the punishment of such attempt be
punished with imprisonment of any discription provided for the offence, for a
term which may extend to one half of the imprisonment for life or half of the
longest terms provided or with fine or both.
offence punishable by the IPC with imprisonment
for life or 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 the code for the punishment of such attempt be
punished with imprisonment of any discription provided for the offence, for a
term which may extend to one half of the imprisonment for life or half of the
longest terms provided or with fine or both.
Justice
Cockburn: “The word attempt clearly conveys with it the idea
that if the attempt had succeeded the offence charged would have been
committed.”
Cockburn: “The word attempt clearly conveys with it the idea
that if the attempt had succeeded the offence charged would have been
committed.”
Actus Reus + Guilty Mind
Example:
(a)
A Intends to kill B, A purchased
Sweets and offer it to B
A Intends to kill B, A purchased
Sweets and offer it to B
Ø No
Attempt.
Attempt.
(b)
A Intends to kill B, purchased Sweets
and add poison and offer it to B.
A Intends to kill B, purchased Sweets
and add poison and offer it to B.
Ø Attempt
Ø Attempt
to do an impossible act. A Person may be held guilty of attempt to commit an
offence even though the fact are such that the commission of offence
impossible.
to do an impossible act. A Person may be held guilty of attempt to commit an
offence even though the fact are such that the commission of offence
impossible.
Example:
A makes an attempt to steal some Jewels by
breaking open a box and find after so opening the box that there is no Jewels
in it.
breaking open a box and find after so opening the box that there is no Jewels
in it.
Ø Attempt
to commit theft.
to commit theft.
Ø Guilty
under this section.
under this section.
A makes an attempt to
pick the pocket of B. by thrusting his hand in the pocket but B has nothing in
his pocket.
pick the pocket of B. by thrusting his hand in the pocket but B has nothing in
his pocket.
Attempt
Note:
Impossibility of Commission of an offence is no Defence:
Impossibility of Commission of an offence is no Defence:
(1) Section
511 Covers only those offences defined U/s 40 of IPC. Not other violation
of other law.
511 Covers only those offences defined U/s 40 of IPC. Not other violation
of other law.
(2) This section covers category of offences
which are punishable with Imprisonment For life or Imprisonment. It does not cover
offences where punishment is death or fine.
which are punishable with Imprisonment For life or Imprisonment. It does not cover
offences where punishment is death or fine.
(3) Attempts to commit offences punishable with
Imprisonment for life or imprisonment where no such provision is made by this
code for Punishment.
Imprisonment for life or imprisonment where no such provision is made by this
code for Punishment.
Section
307
“Attempt to Commit Murder”
307
“Attempt to Commit Murder”
Section
308
“Attempt to Commit Culpable Homicide”
308
“Attempt to Commit Culpable Homicide”
Section
309
“Attempt to Commit Suicide”
309
“Attempt to Commit Suicide”
Attempts
by life convicts
by life convicts
When any person
commiting an offence under this section is under sentence of imprisonment for
life, he may, be punished with death
(CAPITAL PUNISHMENT) if he causes hurt to the other person.
commiting an offence under this section is under sentence of imprisonment for
life, he may, be punished with death
(CAPITAL PUNISHMENT) if he causes hurt to the other person.
Joint Liability
Section 34 and
Section 149
Section 149
Generally “A
Person is liable for all proximate consequences of his act” A person is not
liable for the act done by other person but there are exceptions.
Person is liable for all proximate consequences of his act” A person is not
liable for the act done by other person but there are exceptions.
For
eg.
:
eg.
:
(i)Joint and
Constructive Liability.
Constructive Liability.
(ii) Vicarious
Liability.
Liability.
Section
34
“Act done by Several People in furtherance of Common Intention “
34
“Act done by Several People in furtherance of Common Intention “
Section
149
“Every Member of Unlawful assembly is guilty of offence Committed in
Prosecution of Common Object”
149
“Every Member of Unlawful assembly is guilty of offence Committed in
Prosecution of Common Object”
For
eg.
eg.
A,B,C are
present in the house
present in the house
A, B and C are
hiding in the house. A Constable/Inspector comes there to arrest all of them. B
& C push the Inspector and A gives the blow. Though the blow is given by
one person but Section 34 says all of three will be equally liable.
hiding in the house. A Constable/Inspector comes there to arrest all of them. B
& C push the Inspector and A gives the blow. Though the blow is given by
one person but Section 34 says all of three will be equally liable.
Note:
For common intention
there should be meeting of mind; intention
of each of the accused should be known to others, it should be shared by them.
there should be meeting of mind; intention
of each of the accused should be known to others, it should be shared by them.
Ø Pre
arrangement and Pre-mediated concert should be there.
arrangement and Pre-mediated concert should be there.
Ø Common
intention may arise in the spur of the moment
intention may arise in the spur of the moment
Ø No
common intention, No Joint Liability
common intention, No Joint Liability
Ø Physical
presence at scene of crime is not necessary of all.
presence at scene of crime is not necessary of all.
Ø Participation
and waiting for the consequence is sufficient.
and waiting for the consequence is sufficient.
PRACTICE
EXERCISE
EXERCISE
1. __________
is an act done with intent to commit crime
is an act done with intent to commit crime
A. Intent
B. Attempt
C. Crime
D. None of the above
Ans: B
2. Arjun intends to kill Karuna. He buys a packet of
Lays and offers it to him. This is
Lays and offers it to him. This is
A. Murder
B. No Attempt
C. Attempt
D. None of the above
Ans: B
3. Karuna with an intention to kill Arjun poisons a
box of chocolates and gives it to him. This is
box of chocolates and gives it to him. This is
A. Cruelty
B. Waste of chocolate
C. Attempt
D. No attempt
Ans: C
4. Maya enters Chaya’s house in order to steal a
necklace. She finds no such necklace in the house. This is
necklace. She finds no such necklace in the house. This is
A. Theft
B. No attempt
C. Attempt to theft
D. None of the above
Ans: C
5. A makes an attempt to pick the pocket of B by
thrusting his hand in the pocket but B has nothing in his pocket. This is
thrusting his hand in the pocket but B has nothing in his pocket. This is
A. Theft
B. No attempt
C. Attempt to theft
D. None of the above
Ans: C
6. Attempt to commit suicide falls under Sec.
A. 307
B. 308
C. 309
D. 310
Ans: C
7. Unlawful
assembly requires
assembly requires
A. 2 people
B. 3 people
C. 4 people
D. 5 or more people
Ans: D
8. Acts done in furtherance of common intention
requires
requires
A. At least 2 people
B. At least 5 people
C. At least 3 people
D. All of the above
Ans: A
9. In an unlawful assembly-
A. Participation is necessary
B. Membership is enough
C. Not an offence
D. None of the above
Ans: B
10. For __________ meeting of mind should be there
intension of each of the accused should be known to others, it should be shared
by them.
intension of each of the accused should be known to others, it should be shared
by them.
A. Common intention
B. Preparation
C. Unlawful Assembly
D. Commission
Ans: A
