BACK TO SECTIONSAIR 1961 SC 1698
VariesCognizable: VariesVaries
THE STATUTE
Original Text
Whoever attempts to commit an offence punishable by this Code with imprisonment or fine, and in such attempt does any act towards the commission of the offence, shall, where no express provision is made by this Code for the punishment of such attempt, be punished with imprisonment of any description provided for the offence, for a term which may extend to one-half of the imprisonment for life or, as the case may be, one-half of the longest term of imprisonment provided for that offence...
Simplified
Section 511 is the IPC's general attempt provision — the catch-all for attempt prosecutions when no specific attempt provision exists. Where specific attempt sections do exist (Section 307 for attempted murder, Section 393 for attempted robbery), those specific provisions govern. Section 511 fills the gap for all other imprisonable offences. The half-punishment rule reflects that the attempt, though morally equivalent in intent to the completed offence, did not cause the full harm — the fortuitous element of failure is reflected in the reduced maximum. The critical distinction from mere preparation: the accused must have taken an 'act towards the commission' — moved from preparing into executing. Buying poison with intent to kill is preparation; placing it in the victim's food is an attempt.
Legal Evolution
Abhayanand Mishra v. State of Bihar (1961) is the foundational judgment on the preparation/attempt distinction — preparation ends where attempt begins; attempt requires some act directly moving toward commission with intent to commit it.
Landmark Precedents
Abhayanand Mishra v. State of Bihar (1961)
RELEVANCE
Distinguished preparation from attempt — attempt requires a direct movement towards commission after preparations are made.
Practical Scenarios
"Trying to pick a pocket but finding it empty — attempted theft under Section 511."
"Setting fire to papers to burn a building but the fire goes out — attempted arson under Section 511."
"Mixing a non-lethal substance into food thinking it is poison — attempted offence under Section 511."
Common Queries
Preparation is arranging the means for a crime — buying a weapon, researching a target. Attempt begins when the accused takes a direct step toward the commission — approaching the victim with the weapon. The line is crossed when acts become unequivocal evidence of intent and directly move toward commission.
Yes — trying to steal from an empty pocket is still an attempt to theft. The impossibility of success does not negate the criminal attempt.