Attempt to commit offences under IPC (section 511)

 Section 511: Punishment for Attempt to Commit Offenses (अपराध करने के प्रयास के लिए दंड)

Whoever attempts to commit an offense (अपराध) punishable under this Code (संहिता) with imprisonment (कैद) for life or with any other punishment, and in such attempt does any act (क्रियावली) towards the commission of that offense, shall, where no provision is made by this Code for the punishment of such attempt, be punished with the same punishment as is provided for the offense.

Explanation: An attempt to commit an offense is defined as an act done with the intent (इरादा) to commit that offense and where such act has progressed beyond mere preparation (तैयारी) but falls short of completing the actual offense.

Illustration:

• A intends to commit theft (चोरी) in a house. He enters the house with a view to committing the theft, and is caught in the act of taking away the property. In this case, A is guilty of an attempt to commit theft and can be punished for the offense of theft.

Note: For the purpose of this section, an attempt (प्रयास) is considered an act which is a step towards committing the actual crime and is not confined merely to preparatory action.

A leading case on attempt under Section 511 of the Indian Penal Code (IPC) is "State of Maharashtra v. Mohd. Yakub" (1971 AIR 530, 1971 SCR (1) 651)

Case Law: State of Maharashtra v. Mohd. Yakub (1971 AIR 530, 1971 SCR (1) 651)

Case Summary:

Facts (तथ्य): In this case, the accused (आरोपी) was found in possession (स्वामित्व) of stolen goods (चोरी की गई वस्तुएं) and had made attempts (प्रयास) to sell them. The prosecution (अभियोजन) argued that the accused was guilty of an attempt (प्रयास) to commit theft (चोरी).

Judgment (निर्णय): The Supreme Court (सुप्रीम कोर्ट) held that the accused could be convicted (दोषी ठहराया जा सकता है) under Section 511 of the IPC for attempting (प्रयास) to commit an offense (अपराध) even though the theft was not completed (पूरा नहीं हुआ). The Court emphasized that an attempt (प्रयास) is an act (क्रियावली) done with the intention (इरादा) to commit a crime (अपराध), which goes beyond mere preparation (तैयारी) but does not necessarily have to result in the completion (पूर्णता) of the offense.

Importance (महत्व): This case is significant as it clarifies that for a conviction (दोष सिद्धि) under Section 511, it is essential to prove that the accused had the intention (इरादा) to commit the crime and had taken substantial steps (महत्वपूर्ण कदम) towards its commission, even if the crime was not ultimately completed. The ruling reinforces that the nature (प्रकृति) of the attempt and the progress (प्रगति) made towards committing the offense are critical factors in determining guilt (दोष) under this provision.