Preparation involves arranging the means to commit a crime but has not yet moved towards commission, while attempt has moved towards active commission of the crime. Preparation such as buying a knife shows intent but is not yet an attempt, while poisoning a meal moves into attempt. Preparation is generally not punishable on its own but attempt is a criminal offense under Section 511 of the Indian Penal Code and is punishable by imprisonment.
Study Material Law of Evidence-I B.A.Ll. B (Hons) V Semester Unit-2 Relevancy of Facts Section 8 Motive, Preparation and Previous or Subsequent Conduct: Any Fact Is Relevant
Preparation involves arranging the means to commit a crime but has not yet moved towards commission, while attempt has moved towards active commission of the crime. Preparation such as buying a knife shows intent but is not yet an attempt, while poisoning a meal moves into attempt. Preparation is generally not punishable on its own but attempt is a criminal offense under Section 511 of the Indian Penal Code and is punishable by imprisonment.
Preparation involves arranging the means to commit a crime but has not yet moved towards commission, while attempt has moved towards active commission of the crime. Preparation such as buying a knife shows intent but is not yet an attempt, while poisoning a meal moves into attempt. Preparation is generally not punishable on its own but attempt is a criminal offense under Section 511 of the Indian Penal Code and is punishable by imprisonment.
Preparation involves arranging the means to commit a crime but has not yet moved towards commission, while attempt has moved towards active commission of the crime. Preparation such as buying a knife shows intent but is not yet an attempt, while poisoning a meal moves into attempt. Preparation is generally not punishable on its own but attempt is a criminal offense under Section 511 of the Indian Penal Code and is punishable by imprisonment.
Distinction / Difference between Preparation and Attempt (IPC)
No. Preparation Attempt
1 Preparation is an executory Act, Attempt is an Executed Act. Attempt is
it comes before an attempt. direct movement towards the Commission after the Preparation is made
2 Example: A purchases Knife to Example: A purchases poison and mixes
murder B. Mere purchase of it in the meal of his wife with intention to Knife which is a preparation. kill her . It is an attempt.
Stage: Preparation is an Act of Stage: Attempt is an act done as per the
3 arranging all the necessary planning which amounts to offence in all means or articles or commodities cases. to do an illegal act.
Knowledge: Only the person who Knowledge : Once the attempt is
4 intends to commit the crime complete it manifests knows fact.
Attempt would not be an offence if It amounts to an offence... i.e. to attempt
5 a person Voluntarily gives up the to do an illegal act. idea of committing the crime. In this stage it is mare chance of commission of crime
Punishment : Preparation is Punishment : According Section
punishable in few cases such as 511 of IPC Attempt is punishable 6 Preparation to commit dacoity with imprisonment for life or other under Section 399 of Indian imprisonment. Penal Code.( S.399 - Making preparation to dacoity )
Study Material Law of Evidence-I B.A.Ll. B (Hons) V Semester Unit-2 Relevancy of Facts Section 8 Motive, Preparation and Previous or Subsequent Conduct: Any Fact Is Relevant