SECTION 511 IS NOT RESTRICTED IN ITS APPLICATION TO ATTEMPT TO COMMIT OFFENCES THAT ARE PUNISHABLE WITHDEATH OR IMPRISONMENT FOR LIFE By: Piyush Khanna 272
INTRODUCTION Stages of Crime ◦ Intention to commit ◦ Not Punishable crime ◦ Preparation to commit ◦ Not Punishable crime Exceptions ◦ Attempt to commit crime ◦ Punishable ◦ The actual commission of the offence ◦ Punishable
ATTEMPT UNDER THE PENAL CODE Attempt to commit an offence dealt under same section and extent of punishment is also same; Attempts to commit offence and extent of punishment is different; Attempt to commit suicide is made punishable under Section 309; Attempts to commit offences in general.
ATTEMPT AND RELEVANT THEORIES MEANING AND ORIGIN TESTS OF ATTEMPT No where mention in the Test of Proximity Act Test of Locus Penitentae ◦ Direct movement towards the commission of an offence Test of Un equivocal evidence Originated in England Social Danger Test ◦ Rex v. Scofield (1784) Cald. (387) Object Theory On the Job Theory
SCOPE OF SECTION 511 Attempt to commit offences in general punishable; Attempts to commit an offence punishable with imprisonment; Offender should have done some act towards commission of the main offence Such an attempt is not expressly covered as penal provision Supreme Court on Section 511
DISTINCTION CONFLICTING OPINION WITH RESPECT TO SCOPE OF BOTH SECTIONS SECTION 511 SECTION 307 It is wide enough to include It solely deals with attempt all kinds of attempts, to murder including attempts to It is exhaustive (Allahabad murder (Bombay HC) HC) It does not apply to An act with an intention to attempt to murder cause death needs to be Only act as an attempt to proved. commission the offence need to prove