Criminal Attempt : Meaning, Periphery, Position explained under the Indian Penal Code - PowerPoint PPT Presentation

1 / 27
About This Presentation
Title:

Criminal Attempt : Meaning, Periphery, Position explained under the Indian Penal Code

Description:

The actus reus of an attempt to commit a specific crime is constituted when the ... Thus the actus reus of attempt is reached in such act of performance as first ... – PowerPoint PPT presentation

Number of Views:352
Avg rating:3.0/5.0
Slides: 28
Provided by: sumeetd
Category:

less

Transcript and Presenter's Notes

Title: Criminal Attempt : Meaning, Periphery, Position explained under the Indian Penal Code


1
Criminal Attempt Meaning, Periphery, Position
explained under the Indian Penal Code
Presented by- Abhijeet Dwivedi 6thSemester,B.A.LL.
B.(HONS.) UNIVERSITY OF ALLAHABAD
2
STAGES IN COMMISSION OF CRIME
  • NELSON- Every offence , before it reaches its
    peak, passes through four stages, i.e.
  • The stage of possessing the intention to commit
    an offence
  • The stage of preparation to commit an offence,
  • The stage of an attempt to commit an offence, and
  • If the third stage is successful, the final stage
    of commission of offence itself.

3
STAGES IN COMMISSION OF CRIME
  • It has been recognized in State of Maharashtra v.
    Mohd. Yakub AIR 1980 SC 1111, 1114-15
  • The intention or Mens Rea is not alone
    punishable, however preparation in some cases
    have been made punishable.
  • The third and the fourth stage are punishable.

4
STAGES IN COMMISION OF CRIME
  • Ratanlal Dheerajlal In every crime, there is
    the first intention to commit it secondly,
    preparation to commit it. If the third stage,
    that is the attempt fails the crime is not
    complete but the law punishes the person
    attempting the act. An attempt if successful,
    it is itself the commission of the offence.
  • Intention, followed by preparation, and further
    followed by an act done towards a commission of
    the offence is sufficient for punishment
    Asgarali Pradhamia v. Emperor AIR 1933 Cal 893,
    35

5
STAGES IN COMMISSION OF CRIME
  • There will be no offence unless there is some act
    or deed towards the commission of the offence.

6
STAGES IN COMMISION OF CRIME
  • In all crimes, other than those brought about by
    omission to perform a legal duty, some active
    conduct whether brief or prolonged, on the part
    of the offender must precede his attainment of
    the actus reus. This preparatory activity
    consists in a series of steps taken in
    furtherance of his ultimate aim and anyone of
    these steps may be (although none need to be) in
    itself an independent, complete crime. They are
    incitement, attempt, and conspiracy- KENNYS
    CRIMINAL LAW.

7
WHETHER THEY ARE INCHOATE CRIME ?
  • Ashworth- He has recognized them as
  • Inchoate crime.
  • He writes, The common law has given birth to
    three general offences which are usually
  • termed inchoate or preliminary crimes-
  • attempt, conspiracy and incitement. A
  • principal feature of these crimes is that they
  • are committed even though the substantive
  • offences (i.e., the offence it was intended to
  • bring about) is not completed and no harm
  • results

8
WHETHER THEY ARE INCHOATE CRIME ?
  • The word inchoate means something which is
    just begun, incipient, in an initial or early
    stage, imperfect or underdeveloped.- Oxford
    English Dictionary

9
WHETHER THEY ARE INCHOATE CRIME ?
  • However Kenny argues that the term inchoate
    cannot be employed to indicate something which is
    itself complete or which has been done as a step
    towards an end which has not yet been achieved.
    This is misleading because the word inchoate
    connotes something which is not yet completed,
    and it is therefore not accurately used to denote
    something which is itself complete, even though
    it is a link in a link in a chain of events
    leading to some object which is not yet attained.

10
STAGES DEFINED
  • Intention defined- Intention is the
    determination of the will to act in a particular
    manner. It amounts to resolution or a settled
    determination that a certain thing shall be done.
    If such intention does not pass beyond the stage
    of mental resolve or determination, the law
    cannot punish it, because the law will not take
    notice of an intent without an act.- COLRIDGE IN
    DAGDALE CASE.

11
STAGES DEFINED
  • Intention is the direction of conduct towards the
    object chosen upon considering the motives which
    suggest the choice. The will is not to be taken
    for the deed, unless there be some external act
    which shows that the progress has been made in
    the direction of it, or towards maturing or
    effecting it. The moment it emerges from that
    stage, it ceases to be an intention and develops
    into a preparation.

12
STAGES DEFINED
  • Preparation-
  • Preparation consists in devising or arranging
    the means or measures necessary for the
    commission of an offence. It implies the taking
    of previous measures necessary for the crime. In
    one sense, everything however remotely connected
    with the commission may be regarded as
    preparation towards it. Basically, preparation in
    furtherance of the design or desire to commit an
    offence, as a general rule does not come within
    the purview of penal law. It does not attract
    criminal liability.

13
Preparation- Why generally not punishable?
  • Shamshul Huda Principle of the Law of crimes
    argues that a prepartition is not punishable is
    based on a sound reason.
  • He gives following reason -(page 46 of the book)

    (i) In the first place, preparation
    apart from its motive, would generally be a
    harmless act and
  • (ii) It would be impossible in most of the case
    to show that the preparation was directed to a
    wrongful end or was done with an evil motive or
    intent, and


14
Preparation- Why generally not punishable?
(iii) It is not the Policy of law to create
offence that in most cases, as it would be
impossible to bring home to the culprit or which
may lead to harassment of innocent persons, (iv)
A mere preparation does not affect the sense of
security of the individual to be wronged, not
would the society be disturbed or alarmed as to
rouse its sense of Vengeance.


15
Preparation- Why generally not punishable?
  • The law in such cases allows a locus potentiate
    and will not hold that the person has attempted a
    crime until he has passed beyond the stage of
    preparation Ratanlal Dheerajlal.
  • This is a case where the accused has not gone
    through the series of acts necessary to complete
    the offence apart from resulting consequences.
    The offender may have stopped its own free will
    abandoning the idea either as a result of
    persistence, or in view of the consequence that
    might befall him.


16
Preparation- When an independent offence?
  • There are some exceptional cases where
    preparation of contemplated offence is so grave
    that it would be of the outmost importance to
    stop it at its earliest stage.
  • Criminalization of these preparation is plausibly
    justified on the need to nip grave offences in
    the bud and thereby to arrest criminality at
    incipient stage.



17
Preparation- When an independent offence?
  • The Indian Penal Code punishes preparations to
    commit a few serious offences are -
  • Preparation made for waging war against the
    Government of India Sec. 122
  • Preparation made for committing depredation on
    territories of any power in alliance or at peace
    with the Government of IndiaS.126
  • Making or selling or being in possession of
    instruments for counterfeiting coins or
    government stamps SS.242,243,259,and 266
  • Preparation made for committing dacoity S. 239

18
Preparation- When an independent offence?
  • The first two categories are punishable because
    of the grave and serious harm which they would
    produce if not stopped.
  • The later categories are punished, not merely
    on the gravity of harm of the contemplated
    offence, but preparation are of so peculiar a
    nature as to preclude the likelihood of their
    being meant for innocent purposes.

19
Attempt Defined
  • To give a precise definition of attempt is a
    cumbersome and frustrating exercise.
  • However, authors have tried to analyses some
    of the basic characteristics of an attempt.
  • Stephens Digest of Criminal Law(5th
  • Ed.1894) defines attempt as An attempt to
    commit a crime is an act done with intent to
    commit that crime, and forming part of a series
    of acts which would constitute its actual
    commission if it were not interrupted

20
Attempt Defined
  • In England ParkeB described the characteristics
    of an attempt in Reg v. Eagelton, follows
    the mere intention to commit a misdemeanor is
    not criminal. Some act is required and we do not
    think that all acts towards committing a
    misdemeanor indictable. Acts remotely leading
    towards the commission of the offence, are not
    to be considered as attempts to commit but acts
    immediately connected with it are.

21
Attempt Defined
  • This dictum is considered as locus classics on
    the subject and the text of proximity
    suggested by it has been accepted and applied by
    the English courts.

22
Attempt Defined
  • Archbolds Criminal Pleading, Evidence and
    Practice(36th Ed.) produced with approval in
    Davey v. Lee was as follows- . The actus
    reus necessary to constitute an attempt is
    complete if the prisoner does an act which is a
    step towards the commission of it, and the doing
    of which cannot reasonably be regarded as having
    any other purpose than the commission of the
    specific crime.

23
Attempt Defined
  • Jenking, CJ in Luxman (1899)2 Bomb L.R. 286
    defines, An attempt is an intentional
    preparatory action which fails in object which
    so fails through circumstances independent of the
    person who seeks its accomplishment.
  • When a man does an intentional act with a view
    to attain a certain end and fails in his object
    through some circumstances independent of his own
    will, then that man has attempted to effect the
    object at which he aimed.

24
Attempt Defined
  • The actus reus of an attempt to commit a
    specific crime is constituted when the accused
    person does any act which is a step towards the
    commission of that specific crime, and the doing
    of such act cannot reasonably be regarded as
    having any other purpose than the commission of a
    specific crime.

25
Attempt Defined
  • An attempt in order to be a crime need not to
    be the penultimate act. It is sufficient in law,
    if there is present an intent complied with some
    overt act in the execution thereof .

26
Attempt Defined
  • Kenny defines Criminal attempt- At common
    law it consists of steps taken in furtherance of
    an indictable offence which the person attempting
    intends to carry out if he can.
  • He further writes the criminality of the
    attempt lies in the intention, the mens rea, but
    this mens rea must be evidenced by what the
    accused has actually done towards the attainment
    of his ultimate objective. Thus the actus reus of
    attempt is reached in such act of performance as
    first gives clear prima facie evidence of the
    mens rea.

27
Attempt Defined
  • In sum, any person commits the offence of
    attempt to commit a particular offence when (i)
    he intends to commit that particular offence,
    and (ii) he, having made preparations and with
    the intention to commit the offence, does any
    act towards its commission such an act need
    not to be penultimate act towards the
    commission of that offence but must be an act
    during the course of committing that offence-
    State of Maharashtra v. Mohd. Yakub.
Write a Comment
User Comments (0)
About PowerShow.com