Analysis of Difference between Preparation and Attempt

July 8, 2023

This article has been written by Mr. Yash Tated, a 2nd year LLB Student from Adhia College of Law, Mumbai.

Abstract

The preparation and attempt of a criminal offense are two distinct stages within the commission of an offense under legal code. Preparation refers to the actions taken to plan and gather the resources necessary to commit a criminal offense, while attempt refers to the particular execution of the crime. the most difference between preparation and attempt lies within the degree of proximity to the particular commission of the crime. Preparation occurs before any steps are taken towards committing the crime, while attempt occurs when a private takes a considerable step towards the commission of the crime, but is ultimately unsuccessful. the results of every stage can vary, with preparation generally leading to lesser punishment compared to an effort, which is usually viewed as a more serious offense. the precise definition and legal consequences of preparation and attempt can vary counting on the precise jurisdiction and therefore the nature of the crime involved.

Introduction

Criminal law distinguishes between different stages of criminal activity, like preparation and attempt, so as to work out the severity of the offense and appropriate punishment. Understanding the difference between preparation and attempt is crucial for prosecutors, defence attorneys, and judges, because it can impact the fees brought against an accused individual and therefore the sentence imposed. While both preparation and attempt involve actions towards the commission of a criminal offense, they differ within the level of proximity to the particular offense. Preparation refers to the design and gathering of resources for a criminal offense, while attempt involves taking a considerable step towards the commission of the crime, but failing to finish it. this text will explore the differences between preparation and attempt in additional detail, including the legal definitions and consequences of every stage.

Details Of the Topic

There is a very thin line between Preparation and an Attempt. The Indian Penal Code not only punishes the crime but also punishes the attempt to crime. In this article we shall be differentiating between the two.

Preparation

It means to rearrange the required resources for the execution of the intentional criminal act. Consistent with the IPC, preparation isn’t punishable as mere preparation could also be a harmless act with none motive. This is often actually, because it’s impossible to prove that the offender was preparing to commit the same crime. Though the offender was preparing to commit the crime in his mind, a private can always change their mind at any time. Preparation doesn’t cause any harm or raise alarms in society. However, certain acts in contemplation of an offence are so grave that they have to be stopped at the preparatory stage themselves.

Attempt

When an individual intends to commit a criminal offence, he first formulates an intention, then makes preparations, and lastly acts to realize the goal. It is a direct movement towards the commission of a crime after the preparation is complete. If he succeeds in his goal, he’s guilty of an entire offence; otherwise, he’s merely guilty of attempting such crime.

Essentials of the Attempt:

There must be “an intention to commit a crime”.
Act so done must be “in furtherance of that intention” or “towards the accomplishment of that crime”.
The act must be “an incomplete work” or “fall in need of a completed crime”.

Hence, if the above ingredients are fulfilled, it’s evident that the act done was an effort to commit a selected crime or crimes and is held to be punishable.

Tests for Determining Whether an Act Amounts to a Mere Preparation or an Attempt to Commit an Offence are as follows: –

The Doctrine of Locus Poenitentiae: –

This deals with those cases where a person made preparation to commit such crime but didn’t do it on last moment. Such deliberate withdrawal prior to the commission or attempt to commit the act will be termed as mere preparation for the commission of crime and no legal liability shall be imposed.

The Equivocality Test: –

‘Equivocality Test’ is employed to bifurcate between preparation and attempt during a criminal case. When a person’s conduct, in itself, shows that the person actually intends to hold out a criminal offense without reasonable doubt, then the conduct may be a criminal plan to commit that crime. An act is proximate if it indicates beyond reasonable doubts what’s the top towards which is directed. The Act to commit a selected crime is constituted when an accused person does an act which may be a step towards the commission of that crime and doing of such an act cannot reasonably be considered having another purpose than the commission of that specific crime.

Attempting an Impossible Act: –

If an individual attempts to commit a criminal offense which is impossible to do, then also it’ll be punishable under the Indian legal code. It’s considered as an impossible attempt of committing that crime but the intention to commit the crime is present and also step is taken towards completion of that crime. Thus, it’s considered as ‘attempt to crime’ under Section 511 of the IPC.

The Proximity Rule: –

The proximity test evaluates how close the defendant was to committing that offence. Under this test, an act comprises an effort if the accused has completed all or most important steps towards the commission of the crime but falls in need of the results desired.

Case Laws

Koppula Venkata Rao V. State of A.P

The supreme court has said that attempt should be taken as ordinary meaning, i.e., attempt to commit an offence is an act or series of acts which leads inevitably to the commission of the offence unless something which the doer of the act neither foresaw not intended happens to prevent this.

State of Uttar Pradesh V. Ram Chandra

An attempt is an international act which a person does towards the commission of offence but fills in its object through circumstances independent of the violation of the person attempt.

Aman Kumar V. State of Haryana

The court clarifies the elements in an attempt, first one is attempted consist in it the intent to commit the crime and another one is any person failed to achieve that intention.

Abhayanand Mishra V. State of Bihar

In this case the Supreme Court has described essential elements of Attempt as follows:

Intention
Taken a step forward
He failed to commit that crime

Conclusion

Preparation and attempt are two different concepts, but they’re closely associated with one another. Preparation refers to the method of preparing for a task, activity, or event. It involves gathering the required resources, planning, and organizing. On the opposite hand, an effort is that the actual act of doing or trying to accomplish a task or goal. In other words, preparation is that the groundwork that must be laid before an effort are often made. Without adequate preparation, an effort is probably going to fail. Similarly, preparation without an effort is futile. Successful attempts are often the results of effective preparation. Adequate preparation provides the required confidence and skills to achieve an effort. However, even with the simplest preparation, there’s no guarantee of success, as external factors beyond our control can impact the result. In conclusion, preparation and attempt are both essential components of achieving a goal or completing a task successfully. Preparation sets the inspiration for fulfilment, while an effort is that the actual execution of the plan. Therefore, it’s crucial to offer equal importance to both preparation and attempt.

Reference

https://www.legalserviceindia.com/legal/article-4753-attempt-and-criminal-conspiracy-under-indian-penal-code-1860.html

July 8, 2023