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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: M had prearranged to sell his uncle's shop to N. For the implementation of the fraudulent sale, M had convinced N that he was the real owner of the shop and purchased non-judicial stamp-papers as well as got a draft of the ‘agreement to sell' prepared moreover proper sale-deed was got typed on the stamp-papers. After the execution but before the registration of the document, as per the requirement of the law, N informed the police about M's plans and actions. M is prosecuted under Sec. 420 (Cheating) read with Sec. 511, IPC(attempt)

 

Option: 1

M can be prosecuted for an attempt

 


Option: 2

M 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 to commit an offence can be set to begin when the preparations are complete and the culprit commences to do something to commit the offence and which is a step towards the commission of the offence. In the present case, the preparation was completed when the sale deed got executed. Further, a man may attempt to cheat. Although the person is exempted to cheat, is forewarned, and is therefore not cheated, the success is liable to be prosecuted under section 420 read with Section 511 IPC. 

 

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Anam Khan

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