All About Impossible Attempt, Attempt v Impossible Attempt, Factual & Legal Impossibility

Check our website previousnotes.com/ for more updates
previousnotes.com/index.php/2... --Notes of this vedio
ATTEMPT:
“An ‘Attempt to crime’ is when someone tries to commit a crime but fails.
“A direct movement towards the commission of a crime”.
‘Attempt’ is not defined in the Indian Penal Code. Section 511 of the IPC only dealt with punishment for attempting to commit offences.
IMPOSSIBLE ATTEMPT:
An "impossible attempt" is a concept in criminal law referring to a situation where an individual tries to commit a crime but, due to the circumstances, the completion of the crime is not possible.
Examples:
 A man takes what he thinks is another's umbrella, but it is his own.
 A would-be pickpocket sticks his hand into an empty pocket.
 A man shoots at a peephole, thinking there is a policeman there; or he fires at a wax effigy, thinking that it is an enemy
 If a person attempts to kill someone by empty gun.
 Attempt to kill someone already dead.
 when A gives a glass of liquor blended with poison to B but the glass falls on the ground and the liquor spills over rendering it impossible for B to consume the poison.
Factual Impossibility and Legal Impossibility:
Factual Impossibility: The one wherein the defendant fails because of the factual or physical condition unknown to the defendant.
Example:
 A would-be pickpocket sticks his hand into an empty pocket.
 Attempted abortion though the woman was not pregnant.
 Attempted shooting of someone with an empty gun.
 Attempted rape by an impotent defendant.'
Legal Impossibility: A legally impossible attempt is one in which the act when fully consummated does not meet the legal requirements of the intended crime. An attempt which lacks legal requirement to constitute a crime.
This happens when the actions the person intends to carry out are not actually illegal, even if the person believes they are committing a crime.
Example:
 Stealing one’s own umbrella.
 To receive goods believed to be stolen when in fact they were not.
 If someone believes it is illegal to import a certain type of fruit and attempts to do so, but it turns out that importing the fruit is perfectly legal, this would be a legal impossibility.

Пікірлер

    Келесі