( ISSN 2277 - 9809 (online) ISSN 2348 - 9359 (Print) ) New DOI : 10.32804/IRJMSH

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REFORMS NEEDED IN THE LAW RELATING TO CRIMINAL ATTEMPT UNDER SECTION 511, INDIAN PENAL CODE: AN ANALYSIS.

    1 Author(s):  NEERAJ MALIK

Vol -  8, Issue- 6 ,         Page(s) : 10 - 19  (2017 ) DOI : https://doi.org/10.32804/IRJMSH

Abstract

Penal law should be sufficiently definite for those to be affected by it that they may know their duty there under, so that persons of ordinary prudence may be able to understand the provisions of it. If the law is certain, definite and precise the individual can regulate their conduct and activities in order to avoid the risk of failing within the grips of its penal provisions. Phraseology of section 511, I.P.C is most confusing. It is not only of “little assistance” in defining “attempt” but, contrary to legislative intent, also suggests that each act, in series of acts done by an accused “towards the commission of the offence”, is punishable as an attempt. The phraseology nowhere gives us any hint about what test is to be used for determining the starting and end point of the attempt. It is the judiciary which invents the tests and is proved to be a futile exercise, as it is very difficult to distinguish between preparation & attempt and also to find out what will be the end point of attempt i.e. up to what stage the attempt is in action.

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