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Aryan   27 February 2021

Commit offence

A wishes to kill B, and so he buys a gun and cartridges to do so. He goes to search for B and he sees B, he loads his gun and takes aim at B, and pulls the trigger. The gun did not fire. Is A guilty of an attempt to murder? If yes, at which stage?


 1 Replies

Kevin Moses Paul   27 February 2021

According to your query, as per the situation the moment A attempts to murder B by taking an aim him, He completes all the formalities of Section 511 IPC.

Taking aim is more than preparation stage of commission of crime and hence he will be charged under Section 511 of IPC which deals with offences which are not complete. Section 307 i.e. Attempt to murder is not applicable because for that some hurt must be caused but here the gun did not fire and thus section 511 will be applied.

Section 511 of the Indian Penal Code (IPC), 1860 deals with "Punishment for attempting to commit offences punishable with imprisonment for life or other imprisonment".

The section 511 IPC states that -
"Whoever attempts to commit an offence punishable by this Code with imprisonment for life or imprisonment, or to cause such an offence to be committed, and in such attempt does any act towards the  commission of the  offence, shall,  where no express provision is made  by  this  Code  for  the  punishment  of  such  attempt,  be  punished  with imprisonment of any descripttion provided for the offence, for a term which may extend to one-half of the imprisonment for life or, as the case may be, one-half of the longest term of imprisonment provided for that offence, or with such fine as is provided for the offence, or with both".

Thus, A will be held liable u/s 511 IPC for attempting to commit an offence that's punishable with imprisonment (even for lifetime).

Hope It Helps

Regards
Kevin M. Paul

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