Module 2 Flashcards
What are the Stages of a commission of a crime
Intention
Preparation
Attempt
Commission
Why is the preparation stage not punishable
difficult to determine the person’s mens rea, and the person may change their mind
exceptions where preparation is punishable
waging war, counterfeiting coins/govt stamps, prep to commit dacoity, possession of a false document
Punishable as they are a threat to national security and sovereignty.
Element of support is present when there are two or more people [Case Law]
Devendar Pal v State NCT of Delhi
why is Possession of forged document punishable
prevent any type of fraud that may occur by using such forged documents.
Which two stages are always punishable and why
Attempt and commission: these are always punishable as once an attempt is made it cannot be taken back and if they succeed they have committed a crime.
Facts of R v Shorty
The accused had intention to give a blow to the deceased.
The latter fell down leading the accused to believe he was dead, so he threw the body into a sewage
Postmortem determined that the person drowned due to drowning and not due to the accused’s act
Accused held liable for attempted murder
What are Inchoate Offences
Incomplete offences, that have just begun and not fully developed
There are three types of inchoate offences:
Preparation to wage war against the Government of India [Section]
122
Counterfeiting any coin including the Indian coin and the possession of any counterfeit coin.
233, 234, 235
Manipulation or diminishing the weight of any coin.
244, 246, 247
Counterfeiting government stamps, possession
255
Preparation to commit a dacoity
399
Possession of forged document [Section]
474
Attempt [Section]
511
Criminal Conspiracy [Section]
120 A + B
For a person to conspire with another knowledge of the object necessary. He must have the knowledge of what the co-conspirators were wanting to achieve and thereafter having the intent to further the illegal act takes recourse to a course of conduct to achieve the illegal end or facilitate its accomplishment.
[Case Law]
State of Maharashtra & Ors v Som Nath Thapa
Abetment [Section]
107
Abetment is constituted by:
Instigating a person to commit an offence
Engaging in a conspiracy to commit a crime
Intentionally aiding a person to commit a crime
What are the five tests of Attempt
Proximity test
Locus Poenitentiae test
Equivocality test
Attempting an impossible act
Social danger
What is proximity test
An act is an attempt if it is sufficiently proximate to the accomplishment of intended substantive offence. The acts must be connected and not remote
Case laws for proximity test
R v Taylor and State of Maharashtra v Mohd. Yakub
R v Taylor facts
A was found striking a match behind a haystack, which he extinguished on perceiving that he was being watching
If he had merely bought the matchbox and not lit the matchstick he would have been absolved of any responsibility. The act of lighting the matchstick is the actus reus necessary for prosecuting him for an attempt to commit a crime.
State of Maharashtra v Mohd Yakub facts
Custom department got an intelligence report that silver would be transported in a jeep and truck from Mumbai to Bassein.
Investigation team spots the vehicle on NH8, which was heading towards Bassein. The vehicles after travelling some distance left the road to Bassein and head to a village named Kaman
The vehicles stopped near a bridge and started removing some bundles. Investigation team got there and caught them in the act
The Additional Session Court held it was just mere preparation. If ingots were loaded on the boat, then this would amount to an attempt and, they acquitted the accused. State of Maharashtra appealed in the High Court, High Court dismissed the petition because facts which were proved by the prosecution do not have any evidentiary value.
Locus Poenitentiae is also known as
The doctrine of Repentance
What is the Locus Poenitentiae test
Refers to the possibility of a person backing out from committing an act due to reasons such as change of mind or fear.
It deals with those cases in which an individual makes preparations to commit the crime but changes his mind at the end, thereby pulling out at the last instant. Such intentional withdrawal prior to the commission or attempt to commit the act will be termed as mere preparation for the commission of the crime and no legal liability will be imposed.
Case laws for Locus Poenitentiae
Malkiat Singh v State of Punjab
Malkiat Singh v State of Punjab
In this case, a truck carrying a paddy was stopped at Samalkha Barrier, a place 32 miles away from the Delhi Punjab boundary.
Distinguishing between attempt and preparation, the Supreme Court observed that the test of distinction between two is whether the overt acts already done are such that if the offender changes his mind and does not proceed further in its progress, the acts already done would be completely harmless.
In the present case, it is quite possible that the appellants may have been warned that they had no licence to carry the paddy and they may have changed their mind at any place between Samalkha Barrier and the Delhi Punjab boundary
Which case established that there is a very thin line between Preparation and Attempt
Abhayanand Mishra v State of Bihar
What is the equivocality test
Student wanted to take admission in Patna University for M.A. So he submitted the required documents for verification, however it was found out that the documents were fake and he was debarred from taking admission.
Student pleaded that since he was in the preparation stage and had not been granted admission he should not be liable. However the SC stated that since the documents had been submitted an attempt had been made.
What is Attempting an Impossible act as a test for attempt
If a person attempts to commit a crime which is impossible, then also it will be punishable under the Indian Penal Code.
If a person attempts to kill someone with an empty gun, or steal something from an empty pocket, or steal jewels from an empty jewel box.
Then it is considered as an impossible attempt of committing that crime but here intention to commit the crime is present and also a step is taken towards completion of that crime. Thus it is considered an ‘attempt to commit crime’ under Section 511 of the IPC.
What is the Social Danger Test
An attempt that affects the society at large. The seriousness of the crime and attempt and the extent of social danger involved is taken into consideration.
For example, X administers some pills to a pregnant woman in order to procure abortion. However, since the pills are innocuous they do not produce the result. In spite of this X would be held liable for an attempt from the viewpoint of the social danger test, as his act would cause alarm to society causing social repercussions.
