The article is written by Lakshmi Sharma, from,vinoba Bhave University, University law college hazaribagh ( jharkhand)

Attempt to commit a crime is a serious offense under the Indian Penal Code (IPC). Section 511 of the IPC provides for punishment for attempting to commit an offense that is punishable under the IPC or any other law in force in India. In this article, we will discuss the various aspects of the offense of attempt to commit a crime under Section 511 of the IPC, including its meaning, essential ingredients, and case laws.

Meaning of Attempt to Commit a Crime:

Attempt to commit a crime is an act that falls short of the actual commission of the offense. It involves an intent to commit an offense and an overt act towards that end. An attempt to commit a crime is considered a serious offense because it shows that the offender had the intention to commit the crime, and it is only due to some unforeseen circumstances that the offense was not committed. Therefore, the law punishes the attempt to commit a crime, even if the actual crime was not committed.

Essential Ingredients of Attempt to Commit a Crime:

The essential ingredients of attempt to commit a crime are as follows:

Intention: The offender must have the intention to commit the crime. The intention must be a specific intention to commit the particular offense.

Overt Act: The offender must have done some overt act towards the commission of the offense. It means that the offender must have taken some step towards the commission of the offense.

Failure to Commit the Offense: The offender must have failed to commit the offense due to some unforeseen circumstances. If the offender had succeeded in committing the offense, it would have been a completed offense and not an attempt.

Case Laws and References:

State of Punjab v. Surinder Kumar – In this case, the accused was caught while trying to sell counterfeit currency notes. The court held that the accused was guilty of attempting to commit the offense of forgery under Section 511 of the IPC, even though he was caught before the offense was completed.

State of Maharashtra v. Mohd. Yakub – In this case, the accused was caught red-handed while trying to commit the offense of robbery. The court held that the accused was guilty of attempting to commit the offense of robbery under Section 511 of the IPC, even though he had not succeeded in committing the offense.

State of Madhya Pradesh v. Ghanshyam – In this case, the accused had attempted to commit the offense of murder by shooting at the victim. The victim survived, and the accused was caught by the police. The court held that the accused was guilty of attempting to commit the offense of murder under Section 511 of the IPC, even though the victim had not died.

Babulal v. State of Maharashtra – In this case, the accused had attempted to commit the offense of rape. The victim had managed to escape, and the accused was caught by the police. The court held that the accused was guilty of attempting to commit the offense of rape under Section 511 of the IPC, even though the actual rape had not been committed.

Punishment for Attempt to Commit a Crime:

The punishment for attempting to commit a crime under Section 511 of the IPC is different from the punishment for the completed offense. Section 511 of the IPC provides for punishment for an attempt to commit an offense that is punishable with imprisonment for life or imprisonment for a term of ten years or more. The punishment for such an attempt is imprisonment for a term that may extend to one-half of the maximum imprisonment provided for the completed offense.

Conclusion:

Attempt to commit a crime is a serious offense under the Indian Penal Code. It involves an intention to commit an offense and an overt act towards that end. The law punishes the attempt to commit a crime, even if the actual crime was not

Aishwarya Says:

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems to secondinnings.hr@gmail.com

Join our  Whatsapp Group for latest Job Opening