 ELIZABETH DID NOT DO/DID HER LAST PROXIMATE ACT TOWARDS THE COMMISSION OF THE

CRIME-
o THE ATTEMPT TO COMMIT CRIME IS THE LAST PROXIMATE ACT WHICH A PERSON DOES
TOWARDS THE COMMISSION OF AN OFFENCE, THE CONSUMMATION OF THE OFFENCE
BEING HINDERED BY THE CIRCUMSTANCES BEYOND HIS CONTROL. 1
o IT WAS OBSEREVD BY THE APEX COURT THAT WHAT CONSTITUTES AN ATTEMPT IS A
MIXED QUESTION OF LAW AND FACT DEPENDING LARGELY UPON THE CIRCUMSTANCES
OF THE PARTICULAR CASE.2
o ATTEMPT STAGGE IS REACHED WHEN THE CULPRIT TAKES A DELIBERATE OVERTT STEPS
TO TO COMMIT THE OFFENCE3
o IT IS SUFFICIENT THAT THE ACTS were DELIBERATELY DONE AND MANIFEST A CLESR
INTENTION TO COMMIT THE OFFENCE4
o AN ATTEMPT IS MANISFESTED BY ACTS WHICH WOULD END IN THE CONSUMMATION
OF THE OFFENCE BUT FOR INTERVENTION OF CIRCUMSTANCES INDEPENDENT OF THE
WILL OF THE PARTY5
o AN ACCUSED IS LIABLE FOR ATTEMPT WHERE HIS FAILURE TO COMMIT AN OFFENCE IS
NOT DUE TO ANY ACT OR OMMISSION OF HIS OWN, BUT TO THE INTERVENTION OF
SOME FACTOR INDEPENDENT OF HIS OWN VOLITION.6
o OFFENCE MIST BE PUNISHABLE BY THIS CODE.7
o Knox j. observed that never meant

1
STATE OF MAHARASHTRA V. MOHD. YAKUB, AIR 1980 SC 1111.
2
IBID
3
RATANLAL AND DHIRAJLAL, THE INDIAN PENAL CODE, 1265 (35 TH EDN. 2017).
4
IBID
5
PETERSON, (1876) 1 ALL 316.
6
MANGERAM V. LAL CHHATRAMOHANSHINGH, (1950) NAG. 908.
7
MANGESH JIVAJI, (1887) 11 bom. 376.