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Get Answers to all your Questions
Read the passage very carefully and answer the following questions.
The human mind created luxuries, due to the simultaneous increase in population, many people were deprived of the necessities which led to the development of negative thinking. People wanted to fulfil their basic necessities at any cost and hence they started resorting to crime. For an act of crime to be accomplished, the following four elements are needed: · Individual: The first and the most important element for the commission of a crime is an individual who has an intention and is prepared to commit a crime. · Mens rea: Mens rea in Latin means “guilty mind”. For a crime to be committed, a criminal intention is an essential element. · Actus rea: Actus rea in Latin means “guilty act”. For a crime to be committed, along with a criminal intention there should also be an external act. · Injury/hurt: The criminal act should be accompanied by an injury or hurt which is physical, mental, or monetary which violates a law of the state. The commission of crime involves four stages: · Intention: For the commission of a crime, the first important stage is criminal intention. However, just having a criminal intention is not punishable until it is conveyed to someone else in words or by acts. Example: An intention to kill someone. · Groundwork: To commit a crime, prior preparation is necessary if the crime is intentional. It is difficult for the court to punish an individual purely based on a preparation plan until and unless it is executed. For example, murder, dacoity, etc. · Preliminary crime: An attempt to commit a crime is considered a preliminary crime. An attempt should include a criminal intention, an act towards committing a crime, and an act of crime that is not completely accomplished. Example: Attempt to murder · Completion of crime: This is the last stage in the commission of a crime. The criminal completes the crime. A suspect is guilty of an offence only if he succeeds in his criminal activity. Example: Successful accomplishment of murder.
Question: During October, importing milk/milk products in Delhi had been made an offence. S, a supplier of milk, establish a secret import of milk through an agent from Awadh. The very first consignment of milk was detained at the border, however, it contained only soybeans milk which was not a banned item. There was a clear indication that S envisioned importing unlawfully real milk only but the agent had cheated him by supplying soya milk. S is charged with an attempt to import a banned item. Select the correct option.
S can be prosecuted for an attempt
S cannot be prosecuted for an attempt
A frivolous case has been made out
None of the above
Answers (1)
To constitute an attempt' within the meaning of Sec. 511, intention alone is not enough and there must be some overt act towards the commission of an offence, S did intend to import banned milk, but the "actual import" was of soya milk; thus, he cannot be held liable for an attempt to import a banned item. S's act is intrinsically useless or defective, thus it cannot be said that such act is an act towards the commission of an offence. The situation, in this case, could be equated with one where a person intending to hurt another by administering poison administers a harmless substance (as he is cheated by the chemist from whom he purchased it), believing it to be poisonous, he can't be convicted of an attempt to do so.
