Title: Criminal Attempt : Meaning, Periphery, Position explained under the Indian Penal Code
1Criminal Attempt Meaning, Periphery, Position
explained under the Indian Penal Code
Presented by- Abhijeet Dwivedi 6thSemester,B.A.LL.
B.(HONS.) UNIVERSITY OF ALLAHABAD
2STAGES 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.
3STAGES 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.
4STAGES 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
5STAGES IN COMMISSION OF CRIME
- There will be no offence unless there is some act
or deed towards the commission of the offence.
6STAGES 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.
7WHETHER 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
8WHETHER 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
9WHETHER 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.
10STAGES 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.
11STAGES 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.
12STAGES 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. -
13Preparation- 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
14Preparation- 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.
15Preparation- 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.
16Preparation- 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. -
17Preparation- 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
18Preparation- 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.
19Attempt 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
20Attempt 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.
21Attempt 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.
22Attempt 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.
23Attempt 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.
24Attempt 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.
25Attempt 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 .
26Attempt 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.
27Attempt 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.