1. SECTION 511 IS NOT RESTRICTED IN
ITS
APPLICATION TO ATTEMPT TO
COMMIT
OFFENCES THAT ARE PUNISHABLE
WITH
DEATH OR IMPRISONMENT FOR LIFE
By:
Piyush Khanna
272

2. INTRODUCTION
 Stages of Crime
◦ Intention to commit ◦ Not Punishable
crime
◦ Preparation to commit ◦ Not Punishable
crime  Exceptions
◦ Attempt to commit
crime ◦ Punishable
◦ The actual commission
of the offence ◦ Punishable

3. ATTEMPT UNDER THE PENAL
CODE
 Attempt to commit an offence dealt under
same section and extent of punishment is
also same;
 Attempts to commit offence and extent of
punishment is different;
 Attempt to commit suicide is made
punishable under Section 309;
 Attempts to commit offences in general.

4. ATTEMPT AND RELEVANT
THEORIES
MEANING AND ORIGIN TESTS OF ATTEMPT
 No where mention in the  Test of Proximity
Act  Test of Locus Penitentae
◦ Direct movement towards the
commission of an offence
 Test of Un equivocal
evidence
 Originated in England
 Social Danger Test
◦ Rex v. Scofield
 (1784) Cald. (387)
 Object Theory
 On the Job Theory

5. SCOPE OF SECTION 511
 Attempt to commit offences in general punishable;
 Attempts to commit an offence punishable with
imprisonment;
 Offender should have done some act towards
commission of the main offence
 Such an attempt is not expressly covered as penal
provision
 Supreme Court on Section 511

6. DISTINCTION
CONFLICTING OPINION WITH RESPECT TO SCOPE OF BOTH
SECTIONS
SECTION 511 SECTION 307
 It is wide enough to include  It solely deals with attempt
all kinds of attempts, to murder
including attempts to  It is exhaustive (Allahabad
murder (Bombay HC) HC)
 It does not apply to  An act with an intention to
attempt to murder cause death needs to be
 Only act as an attempt to proved.
commission the offence
need to prove

7. CONCLUSION