The subject has already been discussed. It may here only be summarised:
(1) An attempt to commit murder is the last proximate act necessary to constitute the completed offence, but an attempt under Section 511 may include such act as well as preceding acts.
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ADVERTISEMENTS:
(2) An attempt to commit murder ‘has all the ingredients of murder except death but an attempt under Section 511 may include acts which do not constitute any of the ingredients of the contemplated offence but tend towards its commission.
There is a conflict of opinion on the point as to whether this section applies to attempts to commit murder. The Allahabad High Court has held that it does not, as such attempts are fully and exclusively covered by Section 307, while the Bombay High Court and the High Court of Punjab have held that the section may apply to such acts as may not be last proximate acts necessary to constitute the offence but preceding acts in the series of acts tending towards it.
The Supreme Court in Aman Kumar v. State of Haryana has held that Section 511 of the Indian Penal Code is a general provision dealing with attempts to commit offences not made punishable by other specific sections.
It makes punishable all attempts to commit offences punishable with imprisonment and not only those punishable with death. An attempt is made punishable, because every attempt, although it falls short of success, must create alarm, which by itself is an injury and the moral guilt of the offender is the same as if he had succeeded. Moral guilt must be united to injury in order to justify punishment.
ADVERTISEMENTS:
An attempt in order to be criminal need not be the penultimate act.
