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Spontaneity

LEGAL PRINCIP...

Question

LEGAL PRINCIPLES:
(1) Preparation to commit an offence is not an offence.
(2) After one has finished preparation to commit an offence, any act done towards committing the offence withe intention to commit it, is an attempt to commit the offence, which is by itself an offence.
FACIAL SITUATION: Manish wanted to kill Nandini and had therefore gone to the market to buy explosives to plant in her house. Manish kept those explosives in his godown as he planned to plant them early next morning. But as the explosives were stolen in the night he could not plant them in Nandini's house. However, Nandini came to know about Manish's plan and therefore wants to file a complaint against him. Will she succeed?
DECISION will be ______.

A

Yes, because he has done something more than mere preparation

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B

No, because Nandini did not die

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C

Yes, because there existed a make fide intention

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D

No, because mere preparation is no offence

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Solution

The correct option is D No, because mere preparation is no offence
Manish is not guilty of any offence. Since the Principle clearly states that mere preparation to commit any offence is not an offence itself.
Therefore, buying explosives in order to kill Nandini will count as preparation which is not an offence in itself. Whereas had Manish done any act towards killing Nandini for example took the explosives out of his godown to plan them it would count as an offence. Mere preparation is not an offence.

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