Skip to main content

Criminal Attempt

 CRIMINAL ATTEMPT


INTRODUCTION:

An attempt to commit a crime is an act which could constitute the offence if it were not interrupted. Once a criminal act reaches the stage of attempt the liability starts, as attempt takes the person closer to a successful commission of an offence. 

TYPES OF ATTEMPTS: 

  1. Unsuccessful act

  2. Interrupted so couldn’t happen

  3. More than mere preparation 

ATTEMPT AND IPC

  1. General Attempt

  2. Specific Attempt: 

  • Section 307: Offence of attempt murder.

  • Section 308: offence of attempt culpable homicide.

  • Section 309: offence of attempted suicide.

  • Section 393: offence of attempted robbery. 

  1. Attempt along with abetment or commission as offence. 

THEORIES OF CRIMINAL ATTEMPT:

  1. Impossibility: legal impossibility arises when a defendant completes all of his intended acts, but the sum of his acts does not constitute a crime. It was laid in the case Queen Vs. Collins 1884, where it was held that a pickpocket was not guilty of attempt even when he put his hand into the pocket of someone with an intention to steal but did not find anything. 

  2. Interruption/but for interruption: if the action proves that the person would have gone through with the plan if not for the interruption, then it is an attempt. That means if a person has not been interrupted, he would have committed the crime, he is guilty of attempt even though the past step of the crime has not been performed. 

        Exception: voluntary backing out = Doctrine of Locus Penitentiae/Abandonment – Malkiat Singh Vs. State of Punjab AIR 1970 SC 713.

  1. Last step test: as per this test, anything short of last step is preparation and not attempt. However, if proved the culprit reached at last step then it is an attempt. This is because as long as there is a step remaining for completion of the crime, the person can abandon it. This is also known as Proximity Rule. 

       Example: Abhavanand Mishra Vs. State of Bihar AIR 1961 SC 1698.

  1. Unequivocality test: it is similar to Res ipsa Loquitor that has been developed recently by American Judiciary. If a person does something that shows his commitment to follow through and commit the crime then it is an attempt. So, attempt is done when the offender takes deliberate and overt steps that show an unequivocal intention to commit the offence even if the step is not the penultimate one. It is not followed in India. 

  2. Social Danger Test: in this test the accused conduct is not examined only partially but the consequences of the circumstances and the fullness of the facts are taken into consideration. For example, A administers some pills to a pregnant woman in order to procure abortion. However, since the pills are innocuous, they do not produce the result. In spite of this A would be held liable for an attempt from the view point of the social danger test, as his act would cause an alarm to society causing social consequences. It is also not applied in India 
Labels:

Comments

Post a Comment

Popular posts from this blog

Concept of constitutionalism

  Concept of constitutionalism Who Started Constitutionalism? John Locke - The English Bill of Rights is a foundational constitutional document that helped inspire the American Bill of Rights. Political theorist  John Locke  played a huge role in cementing the philosophy of constitutionalism.  Constitution is a written law which describes the structure of Government, the rules according to which the Govt. must work and the boundaries within which the Govt. must work. Constitutionalism   can be defined as the doctrine that governs the legitimacy of government action, and it implies something far more important than the idea of legality that requires official conduct to be in accordance with pre-fixed legal rules. Constitution constitution is the document that contains the basic and fundamental law of the nation, setting out the organization of the government and the principles of the society. Basic norm (or law) of the state; System of integration and organi...
Post a Comment
Read more

business tips

1. Have a clear vision for your business and strive to achieve it. 2. Hire great people and give them ownership in the company. 3. Provide excellent customer service. 4. Establish yourself as an expert in your field. 5. Develop relationships with key suppliers, customers, and partners. 6. Keep track of your finances and invest in marketing and innovation. 7. Utilize digital platforms to reach a larger audience. 8. Take calculated risks and back yourself. 9. Continuously strive to improve your products and services. 10. Make customer satisfaction your priority.
Post a Comment
Read more

Effects of Non-Registration

 Effects of Non-Registration The Companies Act, 2013 evidently highlights that the main essential for any organization to turn into a company is to get itself registered. A company cannot come into existence until it gets registered. But no such obligation has been imposed for firms by the Indian Partnership Act, 1932. If a firm is not registered it does not cease to be called as a firm, it still exists in the eyes law. Certainly, such a big advantage is not absolute but is subjected to a lot of limitations which we will study further. Non-registration of a firm simply means that the business skips the formalities of incorporation and ceases to exist in the eyes of the law. section 58 of the Indian Partnership Act, 1932 deals with the procedure of incorporation. Likewise, the meaning of non-registration is the exact opposite of registration, meaning when a firm does not go through the procedure of incorporation or start carrying on activities without getting registered. Effects of ...
Post a Comment
Read more