[SECTION 511, P.P.C.]
Attempt to commit crime consist of (i) The intention to commit crime. (ii) Performance of some act towards the commission of the crime; and (iii) Failure to consummate its commission on account of the circumstances beyond the control of the offender. The test whether there has been an attempt, is a factual one by reference to the three ingredients above. (SC) 1973 SCMR 108 Abdul Majid.
Attempt and intention. All attempt to commit a crime is to be distinguished from an intention to commit it; and from preparation to commit it. (1976) 1 All. 316 Peterson v. Emp.
Preparation and attempt. Preparation consists in devising or arranging the means or measures necessary for the commission of the offence. It differs widely from attempt which is the direct movement towards the commission after preparation are made. 23 Cr.L.J. 108 Lakshami Prasad AIR 1923 Pat. 307; (1948) 1 PLR 154 Ashaq Hussain v. Crown. PLD 1950 Lah. 147 (DB) PLD 1964 Dac. 710 State v. Bashir Ullah.
Section 307 and section 511. Section 511 read with section 302 IS MUCH WIDER than section 307. Under section 307 the act done must be one capable of causing death, and it must also be the last proximate act necessary to constitute the completed offence; under section 511 the act may be any act in the course of the attempt towards the commission of the offence. 1 Cr.LJ 1078 Jiwan Das. v. Emp. P.R. 30 of 1904 Page 86.
Procuring poisonous drug to kill. The accused asked a native doctor to supply her with a medicine for the purpose of poisoning her son-in-law. Held, the act was not an attempt to murder as it was a mere act by way of preparation and not a transaction which would have necessarily ended in murder if not interrupted. (1882) P.R. No. 24 of 1882 Mst. Bakhtawar.
Arming with a weapon to kill another. The accused brought a sword after a quarrel with the complainant but was seized and disarmed before he could use it. While under restraint he said that he would kill the complainant if let free. Held, fetching the sword was not an attempt, as it was not "an act of such an approximate nature as would amount to an attempt to commit murder or grievous hurt, there was, it may be conceded, a preparation towards the commission of some such offence, but mere preparation is not sufficient to complete the offence under section 511. It is quite possible that although the prisoner fetched the sword he might not after all have actually used it against the complainant, who was his own brother," (1882) P.R. No. 45 of 1882 Page 76. Data Ram v. Emp. See also (1868) P.R. No. 18 of 1868 Shera v. Emp.
Suicide. A woman ran towards a well saying she would jump into it, but she was caught. Held, it was not an attempt as she could have changed her mind at the last moment. (1884) 8 Mad. 5 Ramakka.
Cheating. Mere taking of thumb impressions on a blank piece of paper may be preparation to cheat, but unless something is written on it, it cannot amount to cheating or attempt to cheat. AIR 1926 Pat. 267 27 Cr.LJ 609 Sheo Parshad.
Abduction. Where the accused lifted a woman from the bed on her refusal to accompany and on alarm being raised dropped her there and made good their escape. Held accused were guilty of attempt to abduct her. 26 Cr.LJ 943 AIR 1925 Lah. 512 Allu v. Emp.
Theft. The accused entered the complainant's cattle enclosure by making a hole in a thorn hedge with intent to commit theft of cattle. Held, accused guilty of attempt to commit theft. 16 Cr.LJ 1 AIR 1914 Lah. 584 Kahmi; 26 Cr.L.J. 1426 Lah. 147 Ghasita v. Emp.
Adultery. Preparation or providing an opportunity is a stage of the proceedings short of attempt and is not punishable. A married woman went to the shop of the accused but she was followed and surprised. Held, it was preparation and no attempt. (102) P.R. No. 25 of 1902 Piara Ram. Also See (1879) P.r. No. 13 of 1879 Ghulam Muhammad v. Emp.
Rape. Unless the Court is satisfied that the conduct of the accused indicated the determination to gratify his passions at all events and in spite of all resistance conviction for attempt to rape cannot be sustained. Conviction was made under section 354, (1881) 5. Bom. 403 Shankar v. Emp.
Rape. The accused caught hold of a girl, threw her down, put sand in her month got on her chest and attempted to have intercourse with her. She resisted and cried, some persons were attracted on seeing them the accused ran away. Held accused was guilty of attempt to commit rape. 35 Cr.LJ 432 ALR 1933 Lah. 1002 Bhartu v. Emp.
Sentence for attempt to commit rape or unnatural offence cannot exceed 5 years imprisonment thought he can be transported for ten years. PLD 1959 Lah. 623. (Note: now there is no transportation for life but life imprisonment half of which would amount to imprisonment for 12« years).
Discharging before penetration. Held accused guilty of attempt to commit unnatural offence. 1959 Lah. 623 Muhammad Ayyub.
No intention to penetrate but accused discharging by rubbing on private parts. Held, not a case of attempt. PLD 1961 Pesh. 7 Maazullah.
Smuggling. Accused was carrying opium intending to carry it from British India territory but was caught in a bus going to a town near the border miles away. Held, the accused must be given benefit of doubt as he might have repented before reaching French territory. It was only a preparation and not an attempt even if the accused intended to transport the opium into French territory. 33 Cr.LJ 582 AIR 1932 Mad. 507 Naravanas Wami.