Module 2

Question 1

What are the Stages of a commission of a crime

Answer 1

Intention
Preparation
Attempt
Commission

Question 2

Why is the preparation stage not punishable

Answer 2

difficult to determine the person’s mens rea, and the person may change their mind

Question 3

exceptions where preparation is punishable

Answer 3

waging war, counterfeiting coins/govt stamps, prep to commit dacoity, possession of a false document
Punishable as they are a threat to national security and sovereignty.

Question 4

Element of support is present when there are two or more people [Case Law]

Answer 4

Devendar Pal v State NCT of Delhi

Question 5

why is Possession of forged document punishable

Answer 5

prevent any type of fraud that may occur by using such forged documents.

Question 6

Which two stages are always punishable and why

Answer 6

Attempt and commission: these are always punishable as once an attempt is made it cannot be taken back and if they succeed they have committed a crime.

Question 7

Facts of R v Shorty

Answer 7

The accused had intention to give a blow to the deceased.
The latter fell down leading the accused to believe he was dead, so he threw the body into a sewage
Postmortem determined that the person drowned due to drowning and not due to the accused’s act
Accused held liable for attempted murder

Question 8

What are Inchoate Offences

Answer 8

Incomplete offences, that have just begun and not fully developed
There are three types of inchoate offences:

Question 9

Preparation to wage war against the Government of India [Section]

Answer 9

122

Question 10

Counterfeiting any coin including the Indian coin and the possession of any counterfeit coin.

Answer 10

233, 234, 235

Question 11

Manipulation or diminishing the weight of any coin.

Answer 11

244, 246, 247

Question 12

Counterfeiting government stamps, possession

Answer 12

255

Question 13

Preparation to commit a dacoity

Answer 13

399

Question 14

Possession of forged document [Section]

Answer 14

474

Question 15

Attempt [Section]

Answer 15

511

Question 16

Criminal Conspiracy [Section]

Answer 16

120 A + B

Question 17

For a person to conspire with another knowledge of the object necessary. He must have the knowledge of what the co-conspirators were wanting to achieve and thereafter having the intent to further the illegal act takes recourse to a course of conduct to achieve the illegal end or facilitate its accomplishment.
[Case Law]

Answer 17

State of Maharashtra & Ors v Som Nath Thapa

Question 18

Abetment [Section]

Answer 18

107

Question 19

Abetment is constituted by:

Answer 19

Instigating a person to commit an offence

Engaging in a conspiracy to commit a crime

Intentionally aiding a person to commit a crime

Question 20

What are the five tests of Attempt

Answer 20

Proximity test

Locus Poenitentiae test

Equivocality test

Attempting an impossible act

Social danger

Question 21

What is proximity test

Answer 21

An act is an attempt if it is sufficiently proximate to the accomplishment of intended substantive offence. The acts must be connected and not remote

Question 22

Case laws for proximity test

Answer 22

R v Taylor and State of Maharashtra v Mohd. Yakub

Question 23

R v Taylor facts

Answer 23

A was found striking a match behind a haystack, which he extinguished on perceiving that he was being watching
If he had merely bought the matchbox and not lit the matchstick he would have been absolved of any responsibility. The act of lighting the matchstick is the actus reus necessary for prosecuting him for an attempt to commit a crime.

Question 24

State of Maharashtra v Mohd Yakub facts

Answer 24

Custom department got an intelligence report that silver would be transported in a jeep and truck from Mumbai to Bassein.
Investigation team spots the vehicle on NH8, which was heading towards Bassein. The vehicles after travelling some distance left the road to Bassein and head to a village named Kaman
The vehicles stopped near a bridge and started removing some bundles. Investigation team got there and caught them in the act
The Additional Session Court held it was just mere preparation. If ingots were loaded on the boat, then this would amount to an attempt and, they acquitted the accused. State of Maharashtra appealed in the High Court, High Court dismissed the petition because facts which were proved by the prosecution do not have any evidentiary value.

Question 25

Locus Poenitentiae is also known as

Answer 25

The doctrine of Repentance

Question 26

What is the Locus Poenitentiae test

Answer 26

Refers to the possibility of a person backing out from committing an act due to reasons such as change of mind or fear. It deals with those cases in which an individual makes preparations to commit the crime but changes his mind at the end, thereby pulling out at the last instant. Such intentional withdrawal prior to the commission or attempt to commit the act will be termed as mere preparation for the commission of the crime and no legal liability will be imposed.

Question 27

Case laws for Locus Poenitentiae

Answer 27

Malkiat Singh v State of Punjab

Question 28

Malkiat Singh v State of Punjab

Answer 28

In this case, a truck carrying a paddy was stopped at Samalkha Barrier, a place 32 miles away from the Delhi­ Punjab boundary. Distinguishing between attempt and preparation, the Supreme Court observed that the test of distinction between two is whether the overt acts already done are such that if the offender changes his mind and does not proceed further in its progress, the acts already done would be completely harmless. In the present case, it is quite possible that the appellants may have been warned that they had no licence to carry the paddy and they may have changed their mind at any place between Samalkha Barrier and the Delhi­ Punjab boundary

Question 29

Which case established that there is a very thin line between Preparation and Attempt

Answer 29

Abhayanand Mishra v State of Bihar

Question 30

What is the equivocality test

Answer 30

Student wanted to take admission in Patna University for M.A. So he submitted the required documents for verification, however it was found out that the documents were fake and he was debarred from taking admission. Student pleaded that since he was in the preparation stage and had not been granted admission he should not be liable. However the SC stated that since the documents had been submitted an attempt had been made.

Question 31

What is Attempting an Impossible act as a test for attempt

Answer 31

If a person attempts to commit a crime which is impossible, then also it will be punishable under the Indian Penal Code. If a person attempts to kill someone with an empty gun, or steal something from an empty pocket, or steal jewels from an empty jewel box. Then it is considered as an impossible attempt of committing that crime but here intention to commit the crime is present and also a step is taken towards completion of that crime. Thus it is considered an ‘attempt to commit crime’ under Section 511 of the IPC.

Question 32

What is the Social Danger Test

Answer 32

An attempt that affects the society at large. The seriousness of the crime and attempt and the extent of social danger involved is taken into consideration. For example, X administers some pills to a pregnant woman in order to procure abortion. However, since the pills are innocuous they do not produce the result. In spite of this X would be held liable for an attempt from the viewpoint of the social danger test, as his act would cause alarm to society causing social repercussions.