Of Attempt- 511

Criminal Law – I
Dr. Nandini C P
 It stands in third position in the four stages of
crime
 Intention- No liability
 Preparation – In general is not an offence
unless specified- as it is in usual
circumstances a harmless act
 Attempt- takes the act very close to the
successful completion of the crime and so it is
punishable .. Attempt begin when preparation
ends...
 The act- completed crime is the actual
commission of crime

Stages of crime and Meaning

 A person commits the offence of “ an attempt
to commit a particular offence when:
A) he intends to commit that particular offence
and
B) he having made preparation and with the
intention to commit the offence does an act
towards its commission and such an act
need not be the penultimate act towards
the commission of that offence but must be
an act during the course of committing that
offence

Ingredients under sec 511

 When no other section punishes the offence ,
then 511 will be made applicable
 It needs to be more than preparation and
less than actual commission of crime
 Except for failure to consummate all the
elements of the crime can be proved
 In Om Prakash’s case 1961– the SC has held
that like sec 511 , sec 307 need not be an
penultimate act of a person but denotes
according to s 33 of code series of act
 In an attempt to cheat- the person may not
believe in the representation made- but still
it may amount to attempt to commit cheating
( Sorcerer/Currency)

What amounts to Attempt?

 Running towards the well – to commit suicide
– and a person stopped – Is it attempt? (
Ramakka) 1884

 Removal rice bags from godown and placing

it in another place – to appropriate the
proceeds- Is it preparation or attempt
(Bhagawath) 1948
 Baldeo Sahai ( 1879) Attempt to obtain Bribe
–Liable.. ( Pension Files to be approved)

 St of Maharashtra V Mohd Yakub (AIR 1980)

Cases
 Jewel box – No jewellery- Liable?
 Pick Pocket – No Purse – Liable?
Impossible offence
Distinguish b/w English Law and Indian Law on
illustration
Haughtons Case- 1975 (own
Umbrella)subsequently overturned by the
Criminal Attempts Act, 1981
Anderson V Ryan ( VCR) Stolen- 1985
R V Shivpuri ( Prohibited Drugs)- 1986
overruled Anderson V Ryan....When the rule is
uniform in the ‘Last proximate act’- it needs to
be uniform in the ‘impossible act’ also...

Illustrations & CASES

 To cause an offence to be committed – (abetment)
 Words – “ Does any act towards the commission of the
offence” --- not to be construed to include all acts ,
however, remote , which tend towards the commission
of the offence.. It may be just have to proceed to the
accomplishment of the offence for the law to notice
attempt
 Attempt to murder – when you pull the trigger and the
hammer fell
 The accused need not have to follow the every stage of
commission
 Attempt to produce false certificates for admission to
MA – though there was no admission – the court can
hold him liable Abyananda Mishra V St of Bihar ( 1961)
 see also Malkiat Singh V Anr V St of Punjab-1970 (
Punjab Paddy)

What not included?

 Attempt to Hurt- Running behind with a axe and
somebody stopped – liable for attempt to hurt (
Jiwan Das) 1904
 Attempt to steal – Meat- when the servant kept
back part of the meat to be taken away (
Cheeseman) 1862
 Attempt to cheat- currency notes to be double –
to a police officer(Raghunath 1940)
 Attempt to Rape – a child of 5 yrs- Some
swelling – no bleeding and injury – Liable under
376 r/w 511
 Outrage the modesty of women- sec 354
&511/r/w376
 Sec 511 not applicable when Offence punishable
with death and fine only

Cases of Attempt