This article has been written by Srishti Singh, a 1st year student of BA LLB at the Army Institute of Law, Mohali. 

Introduction 

Attempt is an effort to achieve or complete doing something. An attempt to commit an offence is therefore, in simple terms an effort made to commit a crime. This effort towards the commission of the offence however, fails and the person trying to commit the offence can still be held liable for the acts which would have led to wrongdoings against the society. Attempts to commit offences are also dealt with in the Indian Penal Code (IPC) and are therefore, punishable by law. 

Attempt to Commit an Offence

The IPC does not define the term ‘attempt,’ under any section. The only section in the IPC dealing with attempt to commit offences is Section 511. An amendment bill for the IPC introduced in the Parliament sought to insert the definition of ‘attempt’ under Section 120C. 

As per the above-mentioned provision, attempt to commit an offence would have constituted the following acts –
(a) A person with the intention or knowledge for committing an act, does any act towards the commission of the offence.
(b) The act so committed by him is closely connected with and proximate to the commission of such offence.
(c) The act so committed fails in its object because of reasons unknown to him or because of circumstances beyond his control.  

Attempt to commit crime is an inchoate crime 

Attempt to commit offences are often considered an inchoate crime. The term ‘inchoate’ insinuates ‘undeveloped’, ‘not fully formed’, or ‘in the initial stage.’ An inchoate offence unlike, substantive offences is dependent on the nature of the act intended to be committed as well. Therefore, it cannot be separated from the offence which the person intended to commit in the first place. As a result, a person can be held guilty of attempting to commit a crime even when the completion of the offence hasn’t been successful. 

For any crime, there are two main essentials which must be fulfilled. These are –
(a) Actus reus – The act which constitutes the crime
(b) Mens rea – The intention or the knowledge of the fact that the act will lead to the commission of a wrongdoing. 

In the case of attempt to commit a crime, the element of ‘actus reus’ is often incomplete while, ‘mens rea’ for the same is present at all times. However, some scholars disagree with this view on the grounds that certain offences such as conspiracy, attempt and incitement are complete in themselves even though they may require the achievement of further steps to be executed successfully. 

Section 511 of the Indian Penal Code 

This section deals with the punishment for attempting to commit offences punishable with life imprisonment or any other term of imprisonment. It states that if any person attempts to commit an offence, the actual and successful commission of which is punishable by this Code with imprisonment for life or imprisonment of any term, or causes the commission of such an offence, or does any act which may cause the commission of such offence, then he shall be punished with one-half of the sentence of imprisonment of any description provided for that offence, or with fine for the offence or with both. 

In the case of Chaitu Lal v. State of Uttarakhand [2019 SCC OnLine SC 1496], it was proved that the accused had attempted to commit the offence of rape under Section 376 of the IPC, by pouncing on the victim, sitting upon her and lifting her petticoat while she protested against his advancements and wept. This section was read with Section 511 of the Code as the accused failed to complete the commission of the offence by running away upon seeing a neighbor who became a witness to the crime. 

The bench in the given case observed that the attempt to commit an offence begins when the accused commences to do an act with the necessary intention. The Supreme Court upheld the conviction of the accused under Section 376 read with Section 511 of IPC for attempt to rape a woman. 

Stages in the Commission of an Offence 

There are mainly four stages in the commission of an offence, which are –

1. Intention – Intention can be defined as a psychological state of mind which leads the criminal to commit crimes. Mere presence of intention is not punishable by law however, there are certain exceptions to this such as in the case of sedition, waging war against the government.
2. Preparation – Preparation means the act or process of preparing or being prepared for the commission of a crime. 
3. Attempt – Attempt means to make an effort to achieve or complete the commission of a crime. 
4. Actual commission – When the crime is actually committed, it is known its actual commission. 

Essentials 

In Abhayanand Mishra v. State of Bihar [1962 SCR (2) 241], the Apex court listed the essential elements of ‘attempt’ as follows – 

1. Mens rea or intention to commit the offence 
2. The accused taking a step forward to commit the offence 
3. The accused’s failure to commit the intended offence by any reason. 

End of  preparation & beginning of attempt 

An important distinction to make during trials is between the end of preparation and the beginning of attempt. In Aman Kumar v. State of Haryana [(2004) 4 SCC 379], the Supreme Court held that the word ‘attempt’ was to be used in an ordinary sense with its common meaning. It was observed that there is a distinction between intention to commit offences and the preparation for committing offences. Therefore, attempt begins where preparation ends. 

Tests Commonly Used to Determine Attempt

• Proximity Rule 

The proximity rule measures the progress made by the defendant in the completion of an offence. It checks how close the accused was to the complete commission of the crime. It is embedded in the Latin maxim of ‘cogitationis poenam nemo patitus.’

• The Doctrine of Locus Poenitentiae

The doctrine of locus poenitentiae deals with cases where a person had made all the preparations to commit the crime but, at the last moment, decided against it. Withdrawal at the last moment before commission of the crime, absolves the person of any charges and so, he goes unpunished. 

• The Equivocality Test 

This test is used to differentiate between preparation and attempt to commit a crime. It is observed that when the conduct of the person itself is deemed suspicious, then it is concluded that the person intended to commit the crime. Such conduct of the person is labelled as an attempt to commit the crime. It examines how far the person had progressed towards the commission of the crime. 

• Attempting an Impossible Act

If a person attempts to commit an act which is impossible in its very nature, then it shall be punishable under the Indian Penal Code. For example, A tries to kill B with an empty pistol, A attempts to steal from B jewelry from an empty drawer etc.  

Conclusion 

Section 511 of IPC establishes that the actual commission of an offence is not compulsory to constitute a crime. If any person attempts to commit an offence, then he shall be held liable for the same. The mere presence of acts of preparation, intention etc. are sufficient to constitute an offence as per Indian law. 

Moreover, an attempt to commit a crime solidifies the presence of malicious intent on part of the criminal. It proves that the person is willing to cause harm to persons or property and has taken a step towards commission of the same. Therefore, an attempt to commit an offence is rightly considered punishable under Indian law. 

References 

https://www.ejusticeindia.com/attempt-to-commit-offence-under-ipc/

https://blog.ipleaders.in/attempt-under-ipc/#Stages_in_the_Commission_of_an_Offence-2

https://www.legalserviceindia.com/legal/article-4753-attempt-and-criminal-conspiracy-under-indian-penal-code-1860.html#:~:text=The%20supreme%20court%20has%20said,intended%20happens%20to%20prevent%20this.