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  • 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 depr

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: S entered the premises of a bank to commit theft, there he found a big safe. To break it open he took a small hammer and axe from his bag and started hammering it. He could not break it open as the safe was very big as well as heavy and the hammer too small. S is charged with an attempt to break open the safe. What would be the consequence?

Option: 1

S can be prosecuted for an attempt


Option: 2

S cannot be prosecuted for an attempt

 


Option: 3

A frivolous case has been made out

 


Option: 4

None of the above

 


Answers (1)

best_answer

'Attempt' refers to an action taken toward the commission of a crime that is left unfinished solely because something else needs to be done that the person wanting to do is unable to perform due to circumstances beyond his control. Thus, it is not an attempt when the failure to accomplish the crime is due to the attempter's own act/omission, i.e., his conduct was essentially inoperable, defective, or improper (due to an underdeveloped stage of his intelligence or his lack of science). As a result, an act committed with intent and preparation but not in the manner suggested cannot be judged guilty under Sec. 511. (attempt).

 

Posted by

Deependra Verma

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