Criminal Law
Attempt to Commit an Offence
Study Attempt to Commit an Offence with clear BNS rules, essential ingredients, leading cases, examples and concise exam-ready revision for law students.
Quick answer
Attempt begins when conduct moves beyond preparation and is sufficiently connected to committing the offence, accompanied by the fault required for that intended offence.
Rule and essential ingredients
Attempt begins when conduct moves beyond preparation and is sufficiently connected to committing the offence, accompanied by the fault required for that intended offence. Begin with the statutory language. Criminal liability follows only when the prosecution proves each required ingredient beyond reasonable doubt, subject to any applicable exception or statutory presumption.
Intent
The accused must possess the fault required for the completed offence or the specific attempt provision.
Beyond preparation
Preparation arranges the means; attempt begins when the accused takes a direct step toward commission after preparations are complete.
Proximity and unequivocality
Time, place, remaining steps and whether conduct clearly manifests the criminal purpose help identify the attempt threshold.
Application, limits and proof
A strong answer does not stop at a definition. It identifies the contested ingredient, compares the evidence with the statutory threshold and explains why nearby offences or defences do or do not apply.
Impossibility
Factual impossibility may not defeat attempt when the accused has done everything believed necessary toward the offence.
Abandonment
Voluntary withdrawal before attempt can avoid attempt liability, but abandonment after the threshold does not erase the completed attempt.
Landmark cases
Learn the facts, the rule and why the case matters. The citation alone will not strengthen an answer.
Abhayanand Mishra v. State of Bihar
AIR 1961 SC 1698Held: Attempt begins when preparations are complete and the accused takes a step toward commission connected with the intended offence.
Use in an answer: Use this authority to explain the controlling test for attempt to commit an offence, then apply that test to the problem facts.
State of Maharashtra v. Mohd. Yakub
(1980) 3 SCC 57Held: The act need not be the final act; sufficient proximity and a clear connection to the offence can establish attempt.
Use in an answer: Use this authority to explain the controlling test for attempt to commit an offence, then apply that test to the problem facts.
How to write this answer in an exam
- Open with the relevant BNS provision and its purpose.
- List the ingredients in the order in which they must be proved.
- Apply conduct, circumstances and mens rea separately.
- Address the closest distinction, defence or aggravated form.
- Conclude on liability and punishment without assuming disputed facts.
Quick revision
- Attempt begins when conduct moves beyond preparation and is sufficiently connected to committing the offence, accompanied by the fault required for that intended offence.
- The accused must possess the fault required for the completed offence or the specific attempt provision.
- Preparation arranges the means; attempt begins when the accused takes a direct step toward commission after preparations are complete.
- Factual impossibility may not defeat attempt when the accused has done everything believed necessary toward the offence.
- The prosecution ordinarily bears the burden of proving every ingredient beyond reasonable doubt.
Test yourself
- What is the central legal test for attempt to commit an offence?
- Which fact establishes the required mental element?
- What nearby rule is most likely to be confused with this topic?
Frequently asked questions
What should an answer on attempt to commit an offence prove first?
Start with the charged BNS provision and the conduct it prohibits. Then prove the required circumstances and mental state separately before discussing punishment or a defence.
Are older IPC judgments still useful after BNS?
Yes, where the BNS language and principle remain materially similar. The current BNS text must lead, and an older case should not override a changed definition, ingredient or punishment.