Preparation and Attempt under IPC

[leaglesamiksha]

Sec 511 of the Indian Penal Code, 1860 makes a person liable for half the punishment for attempting to commit a crime.
Ques: When is conduct characterised as an attempt? Why is preparation not punishable under Sec 511? What are the exceptions to this?

Topic

[Intern]

An attempt to commit a crime is an act that is done with the intention to commit the offense and the other acts done without any interruption. The words ‘attempt’ is not itself defined so it is taken in an ordinary sense only. Attempt means an act which if not prevented will result in a crime.

. Preparation in the ordinary sense is just arranging materials to commit the offense. Ordinary preparation is not punishable.
1. It is harmless.
2. It is nearly impossible in most cases to show that preparation was done with evil motive or intent.
3. If preparations were to be punished there would be uncountable offenses.
4. This will also put many innocent people in danger.
Under IPC there are certain exceptions, they are:
1. Section 122 – collecting arms with the intention to war.
2. Section 126 – making preparation to commit depredation.
3. Section 233,234,235 – making or selling instruments for counterfeiting coins.
4. Section 399 – making preparation to commit dacoity.

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