In this article you will learn about the Difference Between Attempt and Preparation in IPC. In the context of the Indian Penal Code (IPC), the term ‘attempt’ and ‘preparation’ are the two different stages of crime. Let us discuss the difference between them.
Attempt
Attempt is the third stage of criminal behaviour. The first stage is ‘intention’ and the second stage is ‘preparation’. Attempt refers to the stage where an individual takes specific actions towards the commission of a particular crime but fails to accomplish the intended result. In other words, it involves a direct step towards the completion of the offence, but the final goal is not achieved due to various reasons. For example, a person intends to commit theft and enters a house with the intention of stealing but is caught before stealing any valuable items. This would be considered as an attempt to commit theft. So in this case, that person has taken the steps to commit theft but did not succeed.
Attempt is the direct movement towards committing a crime. It is always punishable. It is mentioned under section 511 of the IPC. The IPC recognizes that attempting to commit a crime can still be punishable, although the punishment may be less severe than if the actual crime had been committed.
Illustration
X shoots with the intention of killing Y, under such circumstances that, if death ensued X would be guilty of murder. X is liable to get punishment under attempt to murder.
Preparation
Preparation, on the other hand, refers to the stage before an individual takes a direct step towards committing a crime. It is the second stage of criminal behaviour. It involves making plans, gathering resources, or organising the necessary elements to carry out the criminal act. For example, if a person is planning to enter a house, studying its security system or making any plans to gather tools to carry out the theft, it would be considered as preparation.
Unlike an attempt, preparation does not involve an immediate or direct action towards the completion of the offence. It includes activities or actions that occur before the actual attempt is made. Generally, it is not punishable except for specific offences.
Illustration
A purchased a licensed gun to murder B.
Points of Differences
| DIFFERENCE | ATTEMPT | PREPARATION |
|---|---|---|
| Section or Chapter | Chapter XXIII and Section 511 | No specific chapter and section number |
| Meaning | The actual action towards performing a crime after its commencement. | Refers to the necessary requirements to commit a crime. |
| Core Concept | It is the direct movement towards committing a crime | It is the procurement of the means of attempting the crime |
| Stages of Crime | 3rd Stage | 2nd Stage |
| Punishment | Always punishable | Not punishable except specific offences |
| Harm | It is harmful | Mere preparation is harmless |
| Burden of Proof | Easy to prove | Near impossible to prove |
This article on Difference Between Attempt and Preparation in IPC is contributed by Dipshikha Anand. If you like LawStudyPoint.com do follow us on our Twitter handle.