The article is written by Lakshmi Sharma, from,vinoba Bhave University, University law college hazaribagh ( jharkhand)

Attempt to commit crime.

In criminal law, there are certain actions that are not considered as a full-fledged crime but can still be punished under the law. One such action is an attempt to commit a crime. In India, the attempt to commit a crime is defined under Section 511 of the Indian Penal Code (IPC).

Section 511 of the IPC defines the punishment for attempting to commit an offence, which is punishable in the same manner as the offence itself. In simpler terms, if a person attempts to commit a crime but fails to do so, they can still be punished for their attempt as if they had succeeded in committing the crime.

The rationale behind punishing an attempt to commit a crime is to prevent the commission of the actual crime. Punishing an attempt to commit a crime sends a message to potential offenders that their actions will not go unpunished, even if they do not succeed in carrying out the crime. It also helps to deter others from attempting to commit the same or similar crimes.

To be held guilty of an attempt to commit a crime, the prosecution must prove two elements beyond a reasonable doubt. First, they must prove that the accused had the intention to commit the crime. Second, they must prove that the accused took a step towards committing the crime.

The intention to commit a crime can be inferred from the circumstances surrounding the accused’s actions. For example, if a person is found with a knife near a house that has been broken into, it can be inferred that the person had the intention to commit theft.

The second element, taking a step towards committing the crime, is the actus reus of the offence. It means that the accused must have done something towards committing the crime. The step taken towards the commission of the crime must be more than mere preparation, but less than the completion of the offence. The step taken can be an overt act or a series of acts that show the accused’s intent to commit the crime.

For example, if a person breaks into a house with the intention of stealing, but is caught by the police before they can take anything, they can be charged with attempted theft. Similarly, if a person hires a hitman to kill someone, but the hitman is caught before they can carry out the murder, both the person who hired the hitman and the hitman can be charged with attempted murder.

The punishment for attempting to commit a crime varies depending on the offence. Section 511 of the IPC provides that the punishment for an attempt to commit a crime shall be the same as for the commission of the offence. For example, if the punishment for the offence is imprisonment for life, the punishment for the attempt to commit the offence shall also be imprisonment for life.

However, the punishment for an attempt to commit a crime is not always the same as for the commission of the offence. For certain offences, the punishment for the attempt to commit the crime is less severe than for the commission of the offence. For example, the punishment for attempted murder is imprisonment for life or imprisonment for a term that may extend to ten years, while the punishment for murder is the death penalty or imprisonment for life.

It is also important to note that the punishment for attempting to commit a crime is not automatic. The prosecution must prove that the accused had the intention to commit the crime and took a step towards committing the offence beyond a reasonable doubt. If they are unable to do so, the accused cannot be convicted of attempting to commit the crime.

In conclusion, attempting to commit a crime is a serious offence in India. It is punishable in the same manner as the offence itself, and the punishment can vary depending on the offence. Punishing an attempt to commit a crime helps to deter potential offenders and prevent the commission of the actual crime. However, it is important to ensure that the prosecution proves both.

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