Attempt

Introduction

Attempt is an important concept in criminal law where a person tries to commit an offence but does not complete it. The Indian Penal Code does not define attempt but provides punishment for it under Section 511. It helps in punishing harmful acts even when the final crime is not completed.

Meaning / Definition

An attempt means a direct action towards committing a crime after preparation is complete. It is more than mere intention but may fall short of actual completion.

Every crime generally has three stages:

• Intention (mental decision to commit an offence)
• Preparation (arranging means to commit the offence)
• Attempt (direct action towards committing the offence)

Section 511 IPC applies when:

• The offence is punishable with imprisonment, and
• The act has moved beyond preparation, but
• The offence is not completed

Punishment may extend to half of the maximum punishment provided for the offence.

Modes or Types

Stages of Crime

Intention

This is the mental stage where a person plans to commit a crime.
Mere intention is not punishable.

Preparation

This involves arranging tools or means to commit the offence.
Preparation alone is generally not punishable.

Attempt

This is the stage where the person takes direct steps to commit the crime.
It is punishable because it creates real danger.

Essentials of Attempt under Section 511

• The offence must be punishable with imprisonment
• The accused must do an act towards committing the offence
• There must be no specific provision for punishment of such attempt elsewhere in the IPC

Nature of Attempt

• It is a direct movement towards committing the offence
• It need not be the final act
• It must clearly show intention to commit the crime

Important Case Law

Abhayanand Mishra v. State of Bihar

The accused submitted false documents to appear for an exam. The court held that once the application was sent, the act moved beyond preparation to attempt. Thus, he was guilty of attempt to cheat.

Satvir Singh v. State of Punjab

The Supreme Court held that Section 511 applies only when:

• There is an act towards commission, and
• The offence is not already punishable under another specific provision

Illustrations under Section 511

• Attempt to steal from an empty box still amounts to attempt
• Attempt to pick an empty pocket is also punishable

Distinction / Comparison

Practical Example

A person buys tools to break a locker. This is preparation.
If he actually starts breaking the locker, it becomes an attempt.
Even if nothing is found inside, he is still guilty of attempt.

Summary

• Attempt is a direct step towards committing a crime
• It comes after preparation but before completion
• Mere intention or preparation is not enough
• Section 511 IPC punishes attempts where no specific provision exists
• Punishment may extend up to half of the maximum punishment of the offence
• The key test is whether the act shows clear movement towards committing the crime