(a) Has 'Attempt' been defined anywhere in the IPC, 1860 ? What are the various tests for determining, whether an act amounts to preparation or attempt to commit an offence ? Explain with the help of relevant case laws. 20

(b) Differentiate between

Question

(a) Has 'Attempt' been defined anywhere in the IPC, 1860 ? What are the various tests for determining, whether an act amounts to preparation or attempt to commit an offence ? Explain with the help of relevant case laws. 20

(b) Differentiate between the following : 5×3=15

(i) 'Kidnapping' and 'Abduction'
(ii) 'Riot' and 'Affray'
(iii) 'Criminal Breach of Trust' and 'Dishonest Misappropriation of property'.

(c) What are the various kinds of 'damages' that a plaintiff can avail as a remedy under the law of Torts ? Under what circumstances can "prospective damages" be awarded ? 15

UPSC Answer Check · Accepted Answer

Attempt
The IPC does not define "attempt". Section 511 only prescribes punishment for attempt to certain offences; the distinction between preparation and attempt is judicial. Preparation is a step to facilitate an offence, such as buying a weapon or scouting a place; it is not punishable unless itself criminal. Attempt begins when the accused has crossed preparation and done an act in immediate connection with the offence. The law thus punishes conduct that sets the offence in motion, not mere intention.

Courts apply four tests. Proximity asks whether the act is the last step before completion; State of Maharashtra v. Mohd. Yakub and Aman Kumar v. State of Haryana hold that the act must be close to the substantive offence. Locus poenitentiae, in R v. Campbell, asks whether the accused could still withdraw; if he can, it is preparation, but once he passes the point of no return, it is attempt. Equivocality, illustrated in R v. Doolittle, requires an act unequivocally criminal and not capable of innocent explanation. Social danger, illustrated in R v. Miller, treats as attempt an act which, though not final, is dangerous to society and reveals settled criminal purpose. Together they locate the point where preparation becomes punishable attempt.

Distinctions
(i) Kidnapping and abduction. Abduction under Section 362 is broader: it is compelling, detaining, or deceiving any person to go from any place. Kidnapping is narrower and has two forms. Kidnapping from India under Section 360 applies to any person taken, detained, or caused to go out of India, or detained outside India, with intent to send him out or prevent his leaving India. Kidnapping from lawful guardianship under Section 361 applies to a male under 16, female under 18, or a person of unsound mind, taken, enticed, or detained with intent to deprive lawful guardianship. Thus abduction may be committed against any person by force, fear, or deception, while kidnapping requires either the India element or deprivation of lawful guardianship without consent.

(ii) Riot and affray. Rioting under Section 146 requires an unlawful assembly, meaning five or more persons with a common object, and force or violence in pursuance of that object. Affray under Section 159 is a disturbance of peace in a public place by two or more persons fighting or quarrelling; it does not require an unlawful assembly or common object. Riot is thus a collective offence with common design; affray is a public disturbance by fighting persons.

(iii) Criminal breach of trust and dishonest misappropriation. CBT under Section 405 requires entrustment or dominion over property, followed by dishonest misappropriation, conversion, use, or disposal in violation of trust or legal direction. Dishonest misappropriation under Section 403 is dishonestly taking, removing, or converting movable property to own use out of another's possession without consent; it does not require entrustment or breach of trust. The difference is the presence of trust/dominion in CBT and its absence in mere misappropriation.

Tort damages
Damages are the main tort remedy. Nominal damages are for a technical wrong without substantial loss. Contemptuous damages are small sums showing the defendant's conduct was trivial or insulting. Compensatory damages restore the plaintiff to the pre-tort position. Aggravated damages compensate injured feelings, reputation, or dignity. Exemplary damages are exceptional, awarded where conduct is oppressive, arbitrary, or unconstitutional, to punish and deter. Prospective damages are awarded when the tort is continuing or future loss is inevitable, such as permanent disability, loss of future earning capacity, future medical expenses, or ongoing nuisance. They must be reasonably certain, not speculative. Thus criminal law punishes the dangerous approach to an offence, while tort law compensates past and certain future harm.

(a) Has 'Attempt' been defined anywhere in the IPC, 1860 ? What are the various tests for determining, whether an act amounts to…

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