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Section: Pakistan Penal Codes ACT 1860

Question About: Commit Offences

How far are attempts to commit offences punishable under Section 511 of the Pakistan Penal Code? What must be proved in order to support the conviction of an attempt under this section?

Answer

Attempts to commit offences:

Section 511 lays down 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 ride by this Code for the punishment of such attempt. be punished with the imprisonment of any description provided for the offence, for a term which may extend to one half of the imprisonment for life or, as the case may he, one half of the longest term of imprisonment provided for that offence, with such fine as provided for the offence, or with both.

Stages of crime:

Every commission of a crime has three
1. intention to commit it;
2. preparation for its commission, and
3. a successful attempt.

Illustration

A makes an attempt to steal some jewels by breaking open box, and finds after so opening the box, that there is no jewel in it. He has done an act towards the commission at the Sand therefore is guilty under the above section (b) A makes a attempt to pick the pocket of Z by thrusting his hand into Z’s pocket fails in the attempt in consequence Z’s having nothing in his pocket. A is guilty under the above section.
Mere intention to commit a crime not followed by any act, does not constitute an offence. The will s not to be taken for the deed unless there be sore external act which shows that progress has been made in the direction of it or towards maturing and effecting it.
Preparation consist in division means for the commission of an offence. The section does not punish acts done in the mere stage of preparation Mere perpetration is Punishable only when the preparation is o wage war against the king Emperor (S.122), or to commit dacoity (S. 399).
Attempt is the direct movement towards the commission after preparation is made. To constitute the offence of attempt there list he an act done with the intention of committing an offence and the purposes of Committing that offence, and it must be done in attempting the commission of the offence. An attempt can only be manifested by acts which would end in the consummation of the offence; but for intervention of circumstances independent of the will be pay. An attempt is possible even when the offence attempted not be committed, as when a person intending to pick another’s pocket thrusts his hand into the pocket but finds it empty.
It the attempt to commit a crime is successful, then the crime is committed, but where the attempt is not followed by the intended consequences S. 511 applies.