Section 511 IPC 1860

 





Section 511 IPC 1860



Which section of IPC deals with attempt other than mentioned in the code as punishable offense? It is dealt by Section 511 of IPC which is the only section of chapter 23 and is the last section of Indian penal code 1860.

  To know "Attempt Of the offence " It is Important to know the four stages of crime or commission of offence . They are :- 

                  1.Intention or Mens Rea 

    2. preparation   

3 . Attempt

           4. Accomplishment



Here first stage is ' Intention or Mens REA ' means criminal thought that makes someone to commit offence. This criminal thought is not possible to prove and so not punishable. But in exception intention to instigate or begin war against the Govt. and giving speach or writing with the intante to incite people to fight against the authority of state are punishable, which are given in section 121-123 and 124 A of IPC respectively.



Here second stage is 'Preparation' means doing an act that will help in committing the criminal act. In this stage all the necessary resources are arranged which are required for performing intentional criminal act. It is difficult to prove so it is not punishable. But, in exception preparation to commit Decoity, preparation to make fake coins and GOVT. STAMPS and to instigate or begin war against the Govt. are punishable. Which are provided in section 399 and 122 of IPC respectively. 




Third stage "Attempt "



        Attempt is a direct effort commiting offence after preparation but fails due to some reasons or circumstances and couldn't complete the offence by the attempter. For example, A shoots to kill B, but bullet missed to kill B, Here A is punishable for the attempt he made. There is a thin line difference between preparation and attempt are two different things that are needed in the commission of a crime.  "PREPARATION " means arranging the means to commit any offence while the "ATTEMPT " is a stage that comes after preparation in which a person is ready with all the means to attend a crime. For example, A buys poison to kill B is a preparation, and putting in the breakfast of B is an Attempt. Now B dies after eating is completion of offence. 

The fourth stage is  "ACCOMPLISHMENT " 

IF the person is successful in the attempt to commit crime, then he complete the offence and he is punishable. If his attempt is not successful he is punishable for his attempt he made. 

    Section 511 of IPC mentions about punishment for making attempt to commit offence, where the attempted offence are punishable with life imprisonment or other imprisonment. 

   It states that, if any person makes and attempt to commit an offence punishable by IPC with imprisonment of life, or attempt to make happen for said offence to be commited. In all attempts mentioned above, it an act is done toward the commission of offence then the person shall be punished with imprisonment or with fine or with both fine and imprisonment. But here the the term of imprisonment for this section 511 maybe extended half of original imprisonment. For example, if life imprisonment is 20 years then the imprisonment under section 511 is extendable to 10 years, and other imprisonment under section 511 follows the same rules, about fine the section doesn't mention about reduction, it is left under the discretion of court. 



  Illustration :-



If A shoots B to kill but B is injured and not died, Now A is punishable for attempt to murder under section 307 of IPC and if A breaks drawer of B to thieve money, but drawer is empty then A is punishable for the attempt made under section 511 of IPC, as there is no separate section of punishment for attempt to theft. But the offence of theft is mentioned in sec 378 of IPC. Punishment for attempt to murder (sec 307), attempt to commit suicide (sec 309),

Attempt to commit culpable homicide (sec-308) , etc. are mentioned in IPC. But punishment for attempt to theft, attempt to cause miscarriage, attempt for cheating and so many other offence haven't mentioned, thus for those not mentioned in the code shall be rule by section 511 of IPC. 

This finally it is clear that, section 511 of IPC deals with  punishment for attempting to commit offence punishable with imprisonment which have no special mention in indian penal code 1860

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