Attempt and Preparation Under IPC
Attempt and Preparation under IPC
1. Definition of Attempt
An attempt to commit a crime is an act done with the intention to commit that crime but which falls short of completing the crime.
Section 511 IPC defines attempt to commit a crime:
“Whoever attempts to commit an offence but fails, or is prevented or intercepted in the doing of it, shall be punished with the punishment provided for the offence, or with such lesser punishment as the court may think fit to inflict.”
Essentials of Attempt:
Intent (Mens Rea): The person must have a clear intention to commit a specific offence.
Commencement of the Act (Actus Reus): Some act towards the commission of the crime must be done.
The act must go beyond mere preparation and be a direct movement towards the commission of the offence.
The offence is not completed.
2. Definition of Preparation
Preparation is the stage before attempt, involving arranging or planning for the commission of the crime.
It is generally not punishable under IPC, unless expressly stated.
Example: Buying poison with the intention to kill someone is preparation, but unless the person administers or attempts to administer it, it's not an attempt.
3. Difference Between Attempt and Preparation
| Aspect | Preparation | Attempt |
|---|---|---|
| Nature | Planning or arranging | Direct action towards committing offence |
| Punishable? | Generally no | Yes, under Section 511 IPC |
| Degree of Act | Preliminary steps | Act goes beyond preparation |
| Example | Buying tools for burglary | Trying to break into a house |
| Legal Recognition | No liability usually | Liable even if offence not completed |
4. Relevant IPC Sections
Section 511 IPC – Punishment for attempting to commit offences punishable with imprisonment (not capital punishment or life imprisonment)
For some offences, specific sections mention attempts, e.g.:
Section 307 IPC – Attempt to murder
Section 376E IPC – Attempt to commit rape
Attempted crimes carry lesser punishments than completed crimes in many cases.
5. Examples
Attempt:
Pointing a loaded gun at a person and pulling the trigger but missing or gun malfunctioning — Attempt to murder.
Trying to steal but caught in the act — Attempted theft.
Preparation:
Buying a weapon with intent to kill — Preparation (not punishable).
Planning a robbery with co-conspirators — Preparation.
6. Key Case Laws
R v. Shivpuri (1986) AIR SC 1801
The Supreme Court held that an attempt to commit an impossible crime is still punishable under Section 511 IPC. (e.g., attempting to sell banned drugs when the substance was harmless).
State of Maharashtra v. Mayer Hans George (1965) AIR SC 722
Distinction between preparation and attempt clarified. Mere preparation not punishable; act must be proximate to commission.
Regina v. Eagleton (1870)
Attempt must be an act moving directly toward the commission of the crime.
R v. Campbell (1991)
Mere preparation is insufficient; acts must be proximate to crime.
7. Summary
| Aspect | Attempt | Preparation |
|---|---|---|
| Definition | Direct act towards commission of crime with intent | Planning or arranging before starting the crime |
| Punishable under IPC? | Yes (Section 511 and others) | Generally no |
| Mens Rea | Must have intent to commit crime | Intent may exist but act not yet begun |
| Actus Reus | Act beyond preparation | No overt act towards crime |
| Examples | Trying to murder but failing | Buying weapon intending murder |
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