An attempt to commit an offence is punishable when the accused has gone beyond preparation and has done an act that is the penultimate step toward commission, with the intention to commit the offence.
Explanation
Application examples
Scenario
Ravi purchases a knife, conducts surveillance of his neighbour Kiran for three weeks, notes Kiran's daily schedule, and positions himself outside Kiran's home one evening. Kiran does not emerge that night due to illness. Ravi returns home without approaching the door or attempting to enter.
Analysis
Ravi's conduct—purchasing a weapon and surveying the victim—constitutes preparation, albeit extensive and menacing preparation. He has not performed an overt act that is proximate to the completion of the offence of murder or grievous hurt. Positioning himself outside the home at a particular time, without more, does not cross into attempt because the law requires an act that is the penultimate step. The absence of any physical move toward Kiran, and the fortuitous circumstance that Kiran did not emerge, do not transform preparation into attempt.
Outcome
Ravi is not liable for attempt to commit murder. He may face liability under cognate offences such as criminal intimidation, lurking, or conspiracy if evidence of agreement exists, but not for attempt. The distinction hinges on the requirement of an overt act in proximate furtherance of the offence.
Scenario
Meera, intending to steal a painting from a museum, disables the alarm system and smashes the display case. As her hand reaches for the painting, a security guard apprehends her. She relinquishes the painting immediately and submits to arrest without resistance.
Analysis
Meera has crossed the threshold into attempt: disabling the alarm and smashing the display case are direct overt acts proximate to the taking of the painting. These acts are not preparatory in character; they are executed steps in furtherance of the theft. Her specific intention to steal is manifest. The fact that she was interrupted before completing the taking does not negate the attempt; the law punishes the dangerous step taken, not merely the successful result. Her voluntary surrender does not extinguish liability for the attempt already committed, though it may be a mitigating factor in sentencing.
Outcome
Meera is liable for attempt to commit theft. The act of breaking the case and reaching for the painting constitutes the penultimate step. Attempt liability accrues the moment she performs an overt act in proximate furtherance with intent, not upon completion or abandonment.
Scenario
Arun, a contract killer hired to murder Sanjay, travels to Sanjay's city, rents a room overlooking Sanjay's office, assembles a rifle with scope, and loads ammunition. He places the rifle against the window frame and looks through the scope at Sanjay's office building. Before Sanjay arrives at the office that day, Arun receives news that his fee will not be paid and immediately dismantles the rifle and leaves the city.
Analysis
Arun's conduct represents a clear and completed attempt to commit murder. Assembling the weapon, loading it, and positioning it with the victim in view through the scope constitute direct overt acts that are proximate to the commission of murder. The specific intention to kill is undisputed. Arun has gone well beyond preparation into the execution phase. His subsequent abandonment of the plan due to non-payment does not retroactively erase the attempt; the attempt is consummated the moment the proximate act is performed. Indian law recognizes that voluntary abandonment after the point of no return may not wholly exonerate, though it can be a factor in mitigation of sentence.
Outcome
Arun is liable for attempt to commit murder. The assembly, loading, and positioning of the weapon with clear intent constitute the penultimate step. Abandonment based on external circumstance (non-payment) does not negate liability for an attempt already committed, though it may reduce the sentence imposed by the court.
How CLAT tests this
- The 'preparation plateau' trap: examiners describe elaborate, dangerous preparatory conduct and ask whether it constitutes attempt, expecting candidates to confuse extensive preparation with the proximate act required for attempt. The answer hinges on whether the act is the last proximate step, not on how methodical or culpable the preparation appears.
- The 'interruption paradox': facts describe an accused who has begun the penultimate act but was interrupted or discovered before completion. Candidates mistakenly believe interruption negates attempt, when in fact the attempt is complete once the proximate act is performed. Interruption affects only defences and mitigation, not liability.
- The 'conspiracy-attempt confusion': multiple accused persons are introduced, and the examiner frames the question as asking about attempt when the legal issue concerns conspiracy or common intention. Candidates must distinguish between agreement-based liability and act-based liability; attempt requires the proximate act, conspiracy requires only agreement and an overt act in furtherance (which may be preparatory).
- The 'impossibility sleight': the facts reveal that completion of the offence was impossible (the victim was already dead, the property was not in fact stolen, the gun was unloaded). Examiners test whether candidates conflate impossibility with absence of attempt. The modern principle in Indian law is that both legal impossibility and factual impossibility are generally no defence to attempt if the accused acted with the requisite intent and performed the proximate act.
- The 'subjective-objective mismatch': examiners present facts where the accused believed they were committing a crime, but the legal elements were absent (e.g., the accused thought the substance was poison when it was harmless, or believed the person was alive when already deceased). Candidates must apply the objective test: liability for attempt depends on the objective proximity of the act to commission, not on the accused's mistaken belief about the circumstances.