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PREFACE

An attempt to commit a crime is basically a direct movement towards the

commission of the crime. In ancient time no penalty was provided for that person who

was unable to accomplish his criminal object. However, the concept has changed with

the needs of the changing society. It is now realized that a criminal attempt not only

poses a menace to bodily and proprietary security but also it interferes with the security

of the individuals. So, modern penal law justifies a particular policy on the need to “nip

in the bud” and to criminalize the steps of an accused which have been overcome by

him to commit a particular offence.

Certain kinds of dangerous behavior should be criminalized at a very early stage

so as to prevent society from criminal activities. Planning and execution of criminal

design always go through a series of steps to become a successful one. The steps are

known as penultimate, antepenultimate and ultimate. But there is no scientific formula

to divide the steps and also there is no logical conclusion.

In all criminal laws there are two essential elements necessary to constitute a

crime. These are:

a) The mental element which is known as mens rea or subjective element of a

crime; and

b) The physical element which is known as actus reus or the objective element

of a crime.

Like other penal law of different countries, the Indian Penal Code, 1860 has

recognized that a complete crime has four stages. First stage is described as an intention

to commit the offence, a stage generally comprehended by the expression mens rea. An
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action ordinarily would not become a crime unless accompanied by criminal intention.

The next stage is described as preparation for commission of the offence. Third stage is

the attempts to commit the offence which can begin when the preparations are complete

and the culprit commences to do something with the intention of committing the

offence and which is a step towards the commissions of the offence. If the attempt

succeeds, the accused has committed the offence which is the fourth stage, if he fails

due to reason beyond his control, he is said to have attempted to commit the offence.

Criminal attempt makes a distinct advance on the development of criminality. It is a

stage of complete offence where the accused is trying to consummate an offence.

The law of criminal attempt is a very controversial area of criminal law. What

amounts to an attempt is not easy and there is no definite guidelines and it is not at all

easy to suggest rules or guidelines which may conclusively help in deciding whether an

act amounts to attempt or not. It is also endeavoured to study the subjective and

objective theory of attempt while dealing with the subject of criminal attempt. Laws on

impossibility and abandonment, which are closely related to the law of criminal

attempt, vary from state to state. Thus, the criteria of impossibility and abandonment are

two dynamic grounds which require exhaustive study and analysis for insightful

innovation. Considering the gravity of the problem of the law relating to criminal

attempt the study is undertaken to make an analytical study of the law relating to

criminal attempt.

The present study seeks extensively to analyze the various aspects of the law of

criminal attempt with special reference to Indian Penal Code, 1860. The present study

consists of eight chapters. Chapter 1 unfolds the theme of the thesis by highlighting the

key concept such as crime, criminal attempt, and provisions of criminal attempt under
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Indian Penal Code, 1860 and historical significance of criminal attempt. Chapter 2

deals with mental elements in criminal attempt. Under this chapter various types of

mental elements such as intention, knowledge, recklessness, and negligence are

discussed.

Chapter 3 unfolds the provision of criminal attempt in some other countries of

the world. In this chapter it will be an attempt to make a study of the law relating to

criminal attempt of India, United Kingdom, United States of America, Canada,

Germany, French and Australia. Chapter 4 deals with objective consideration of

criminal attempt. Chapter 5 deals with subjective consideration of criminal attempt.

Chapter 6 deals with impossibility and abandonment which are the most significant

areas of criminal attempt. In this chapter it is endeavoured to discuss, define and

analyze the defense of liability in criminal attempt. Chapter 7 is very pivotal for the

study which deals with subjectivity- objectivity debate of the law of criminal attempt.

This chapter undertakes the study to find out whether the analysis of subjective and

objective theory will provide some guiding principle to deal with the law of criminal

attempt.

Chapter 8 is the last but not the least chapter of the thesis. The concluding

chapter devotes attention to reform necessary in the present law prevailing mainly in

India relating to criminal attempt. The chapter also focuses if there is any need for

modification by way of amendment in the existing law more particularly the provisions

under the Indian Penal Code, 1860.

First and foremost I would like to express my gratitude to my Guide Prof. (Dr.) A.

K. Sinha, for providing me such an environment under which this work has been

possible. I am deeply indebted to him for his sagacious and aluminous guidance,
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constant inspiration, sympathetic attitude, excellent spirit, unfailing help, constructive

criticism and untiring willingness throughout the entire work without which it would

not have been possible to bring the work to this present form.

My sincere thanks are due to Professor and Dean, Dr. R. C. Borpatragohain,

Faculty of Law, Gauhati University, for unfailing interest and encouragement. I extend

my grateful thanks to Dr. S. Rajkhowa, Professor, Department of Law, Gauhati

University for helping me and providing valuable suggestions. I also extend my grateful

thanks to Dr. B. K. Chakraborty, Professor, Department of Law, Gauhati University, for

offering valuable suggestions to complete my research work.

I am also thankful to Dr. S. Deka, Associate Professor, Department of Law,

Gauhati University, Dr. Aparajita Baruah, Assistant Professor, Department of Law,

Gauhati University, for their valuable suggestions. I extend my grateful thanks to Dr. N.

K. Dutta, retired Additional Director, Department of Agriculture, Assam, for his valued

and scholarly suggestions, encouragements and guidance from time to time which is

always an inspiration to me.

I am thankful to the members of the staff of the Library of Indian Law

Institute, New Delhi, Library of the Secretariat, Govt. of Assam. Library of Assam

Public Service Commission, Library of Dibrugarh University, Library of Gauhati High

Court and other library for assisting me in getting me relevant information on the

subject.

I specially offer my thanks to all the staff of K. K. Handique Library, Gauhati

University, for their helping hands. I gratefully acknowledge Mr. Nitya

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