Definitions of Attempt in IPC
Querist :
Anonymous
(Querist) 05 February 2010
This query is : Resolved
Kindly give the definitions of attempt
Guest
(Expert) 05 February 2010
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.’
Stephen’s 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 interruptedâ€
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….â€
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.
Attempt Defined
Archbold’s 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.â€
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.
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.
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 .
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’.â€
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 reaâ€.
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.
thanks dear... i hope u got ur answer
aman kumar
(Expert) 18 February 2010
nice answer!!!
