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IPC Study Notes - Attempt

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5 views5 pages

IPC Study Notes - Attempt

Uploaded by

ayush.yadav.rmlnlu
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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IPC Study Notes : Attempt

Attempt:

“Attempt is an act done with intent to commit crime” and Forming Part of Series of Acts
Which would constitute actual Commission of the Crime if not interrupted”

Attempt an (Act done) + Intent to Commit Crime =Series of Action=Actual Common Of


an act

Whoever attempts to commit an offence punishable by the IPC with imprisonment for
life or imprisonment, or to cause such an offence to be committed, and in such attempt
does any act towards the commission of the offence, shall, where no express provision
is made by the code for the punishment of such attempt be punished with imprisonment
of any discription provided for the offence, for a term which may extend to one half of
the imprisonment for life or half of the longest terms provided or with fine or both.

Justice Cockburn: “The word attempt clearly conveys with it the idea that if the attempt
had succeeded the offence charged would have been committed.”
Actus Reus + Guilty Mind

Example:
(a) A Intends to kill B, A purchased Sweets and offer it to B- No Attempt.
(b) A Intends to kill B, purchased Sweets and add poison and offer it to B.-Attempt

Attempt to do an impossible act. A Person may be held guilty of attempt to commit an


offence even though the fact are such that the commission of offence impossible.
Example:
A makes an attempt to steal some Jewels by breaking open a box and find after so
opening the box that there is no Jewels in it.
Attempt to commit theft.
Guilty under this section.
A makes an attempt to pick the pocket of B. by thrusting his hand in the pocket but B
has nothing in his pocket.
Note: Impossibility of Commission of an offence is no Defence:
(1) Section 511 Covers only those offences defined U/s 40 of IPC. Not other violation of
other law.
(2) This section covers category of offences which are punishable with Imprisonment
For life or Imprisonment. It does not cover offences where punishment is death or fine.
(3) Attempts to commit offences punishable with Imprisonment for life or imprisonment
where no such provision is made by this code for Punishment.
Section 307 “Attempt to Commit Murder”
Section 308 “Attempt to Commit Culpable Homicide”
Section 309 “Attempt to Commit Suicide”

Attempts by life convicts

When any person commiting an offence under this section is under sentence of
imprisonment for life, he may, be punished with death (CAPITAL PUNISHMENT) if he
causes hurt to the other person.

Joint Liability

Section 34 and Section 149


Generally “A Person is liable for all proximate consequences of his act” A person is not
liable for the act done by other person but there are exceptions.
For eg. :
(i)Joint and Constructive Liability.
(ii) Vicarious Liability.
Section 34 “Act done by Several People in furtherance of Common Intention “
Section 149 “Every Member of Unlawful assembly is guilty of offence Committed in
Prosecution of Common Object”
For eg.
A,B,C are present in the house
A, B and C are hiding in the house. A Constable/Inspector comes there to arrest all of
them. B & C push the Inspector and A gives the blow. Though the blow is given by one
person but Section 34 says all of three will be equally liable.

Note:
For common intention there should be meeting of mind; intention of each of the
accused should be known to others, it should be shared by them.
● Pre arrangement and Pre-mediated concert should be there.
● Common intention may arise in the spur of the moment
● No common intention, No Joint Liability
● Physical presence at scene of crime is not necessary of all.
● Participation and waiting for the consequence is sufficient.

PRACTICE EXERCISE

1. __________ is an act done with intent to commit crime


A. Intent
B. Attempt
C. Crime
D. None of the above
Ans: B

2. Arjun intends to kill Karuna. He buys a packet of Lays and offers it to him. This is
A. Murder
B. No Attempt
C. Attempt
D. None of the above
Ans: B

3. Karuna with an intention to kill Arjun poisons a box of chocolates and gives it to him.
This is
A. Cruelty
B. Waste of chocolate
C. Attempt
D. No attempt
Ans: C
4. Maya enters Chaya’s house in order to steal a necklace. She finds no such necklace
in the house. This is
A. Theft
B. No attempt
C. Attempt to theft
D. None of the above
Ans: C

5. A makes an attempt to pick the pocket of B by thrusting his hand in the pocket but B
has nothing in his pocket. This is
A. Theft
B. No attempt
C. Attempt to theft
D. None of the above
Ans: C

6. Attempt to commit suicide falls under Sec.


A. 307
B. 308
C. 309
D. 310
Ans: C

7. Unlawful assembly requires


A. 2 people
B. 3 people
C. 4 people
D. 5 or more people
Ans: D

8. Acts done in furtherance of common intention requires


A. At least 2 people
B. At least 5 people
C. At least 3 people
D. All of the above
Ans: A

9. In an unlawful assembly-
A. Participation is necessary
B. Membership is enough
C. Not an offence
D. None of the above
Ans: B

10. For __________ meeting of mind should be there intension of each of the accused
should be known to others, it should be shared by them.
A. Common intention
B. Preparation
C. Unlawful Assembly
D. Commission
Ans: A

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