CameraIcon

SearchIcon

MyQuestionIcon

1

You visited us 1 times! Enjoying our articles? Unlock Full Access!

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

No worries! We‘ve got your back. Try BYJU‘S free classes today!

B

No, because Nandini did not die

No worries! We‘ve got your back. Try BYJU‘S free classes today!

C

Yes, because there existed a make fide intention

No worries! We‘ve got your back. Try BYJU‘S free classes today!

D

No, because mere preparation is no offence

Right on! Give the BNAT exam to get a 100% scholarship for BYJUS courses

Open in App

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.

Suggest Corrections

thumbs-up

0

Similar questions

Q. Read the definition and elements of the attempt, apply them on the given fact situations and answer the question:
Definition of ATTEMPT : Lord Blackburn has said "there is no doubt that there is a difference between a preparation antecedent to an attempt and the actual attempt, but if the actual transaction has commenced which would have ended in the crime if not interrupted, there is clearly an attempt to commit the crime."
1. Fault element : Intention or knowledge requisite for committing an offence; and
2. Conduct Element : does any act towards its commission and has crossed the stage of preparation. This act is so closely connected with, and proximate to the commission that it fails in object because of facts not known to him or because of circumstances beyond his control.
'JAM' denied food to his wife JANE for several days by keeping her confined in a room with an intention to accelerate her death. JANE ultimately managed to escape.

Q. LEGAL PRINCIPLES: (1) The concept of joint liability comes under section 34 of IPC which states that "when a criminal act is done by several persons, in furtherance of the common intention of all, each of such persons is liable for that act in the same manner as if it were done by him along."
(2) A person abets an offence, who abets either the commission of an offence, or the commission of an act which would be an offence, if committed by a person capable by law of committing an offence with the same intention or knowledge as that of the abettor.
(3) A criminal conspiracy takes place when two or more people get together and plan to commit a crime and then take some action toward carrying out that plan. The action taken does not have to be a crime itself to further the conspiracy.
FACTS: X and Y conspire to poison Z. X in pursuance of the conspiracy procures the poison and delivers it to Y in order that he may administer it to Z, Y in pursuance of X and thereby causes Z's death. What offences X and Y have committed?
DECISION will be _____.

Q. Read the definition and elements of the attempt, apply them on the given fact situations and answer the question:
Definition of ATTEMPT : Lord Blackburn has said "there is no doubt that there is a difference between a preparation antecedent to an attempt and the actual attempt, but if the actual transaction has commenced which would have ended in the crime if not interrupted, there is clearly an attempt to commit the crime."
1. Fault element : Intention or knowledge requisite for committing an offence; and
2. Conduct Element : does any act towards its commission and has crossed the stage of preparation. This act is so closely connected with, and proximate to the commission that it fails in object because of facts not known to him or because of circumstances beyond his control.
"SINY" with an intention to pick-pocket puts his hand into MINU's pocket. MINU had a loaded pistol in his pocket. The thief touches the pistol and trigger goes on, whereby MINU is shot dead.

Q. LEGAL PRINCIPLE: Whoever enters into or upon the property in the possession of another, with intent to commit an offence or to intimidate or annoy any person in possession of the property and remains there with intent thereby to intimidate or annoy another person or with intent to commit an offence is guilty of criminal trespass.
FACT: The accused entered at night into a house to carry on intimate relations with an unmarried major girl on her invitation and information that her family members are absent. However, he was caught by her uncle before he could get away. Is the accused guilty of criminal trespass?

Read the definition and elements of the attempt, apply them on the given fact situations and answer the question:

Definition of ATTEMPT : Lord Blackburn has said "there is no doubt that there is a difference between a preparation antecedent to an attempt and the actual attempt, but if the actual transaction has commenced which would have ended in the crime if not interrupted, there is clearly an attempt to commit the crime."
1. Fault element : Intention or knowledge requisite for committing an offence; and
2. Conduct Element : does any act towards its commission and has crossed the stage of preparation. This act is so closely connected with, and proximate to the commission that it fails in object because of facts not known to him or because of circumstances beyond his control.
'RANI' ran to a well slating that she would jump into it, and she started running towards the well but she was caught before she could reach it.

View More

Join BYJU'S Learning Program

similar_icon

Related Videos

lock

Spontaneity and Entropy

CHEMISTRY

Watch in App

explore_more_icon

Explore more

Standard XII Chemistry

Join BYJU'S Learning Program

CrossIcon