Рет қаралды 457
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ATTEMPT:
“An ‘Attempt to crime’ is when someone tries to commit a crime but fails.
“A direct movement towards the commission of a crime”.
‘Attempt’ is not defined in the Indian Penal Code. Section 511 of the IPC only dealt with punishment for attempting to commit offences.
IMPOSSIBLE ATTEMPT:
An "impossible attempt" is a concept in criminal law referring to a situation where an individual tries to commit a crime but, due to the circumstances, the completion of the crime is not possible.
Examples:
A man takes what he thinks is another's umbrella, but it is his own.
A would-be pickpocket sticks his hand into an empty pocket.
A man shoots at a peephole, thinking there is a policeman there; or he fires at a wax effigy, thinking that it is an enemy
If a person attempts to kill someone by empty gun.
Attempt to kill someone already dead.
when A gives a glass of liquor blended with poison to B but the glass falls on the ground and the liquor spills over rendering it impossible for B to consume the poison.
Factual Impossibility and Legal Impossibility:
Factual Impossibility: The one wherein the defendant fails because of the factual or physical condition unknown to the defendant.
Example:
A would-be pickpocket sticks his hand into an empty pocket.
Attempted abortion though the woman was not pregnant.
Attempted shooting of someone with an empty gun.
Attempted rape by an impotent defendant.'
Legal Impossibility: A legally impossible attempt is one in which the act when fully consummated does not meet the legal requirements of the intended crime. An attempt which lacks legal requirement to constitute a crime.
This happens when the actions the person intends to carry out are not actually illegal, even if the person believes they are committing a crime.
Example:
Stealing one’s own umbrella.
To receive goods believed to be stolen when in fact they were not.
If someone believes it is illegal to import a certain type of fruit and attempts to do so, but it turns out that importing the fruit is perfectly legal, this would be a legal impossibility.