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Standard XII
Legal Studies
Question

Read the definition and elements of the attempt, apply them on the given fact situations and answer the question:
Definition of ATTEMPT : Lord Blackburn has said "there is no doubt that there is a difference between a preparation antecedent to an attempt and the actual attempt, but if the actual transaction has commenced which would have ended in the crime if not interrupted, there is clearly an attempt to commit the crime."
1. Fault element : Intention or knowledge requisite for committing an offence; and
2. Conduct Element : does any act towards its commission and has crossed the stage of preparation. This act is so closely connected with, and proximate to the commission that it fails in object because of facts not known to him or because of circumstances beyond his control.
'JAM' denied food to his wife JANE for several days by keeping her confined in a room with an intention to accelerate her death. JANE ultimately managed to escape.
  1. JAM is guilty for attempt to murder his wife.
  2. JAM is not guilty for attempt to murder his wife and he was only doing preparation
  3. JAM is not guilty for attempt to murder his wife and she always had option to escape.
  4. None of the above.

A
JAM is guilty for attempt to murder his wife.
B
JAM is not guilty for attempt to murder his wife and he was only doing preparation
C
JAM is not guilty for attempt to murder his wife and she always had option to escape.
D
None of the above.
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Solution
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JAM is guilty for attempt to murder his wife.
JAM has full intention to kill his wife as he confined her in a room and denied food . Which can cause to starvation and she might be dead . He did it intentionally with sound mind . He'll be found guilty under Section 307 of IPC and liable for punishment that is imprisonment upto ten years or fine . It's basically , when one person tries to kill or murder someone with an intention to cause death but eventually fails , he'll be guilty of attempt to murder.

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Read the definition and elements of the attempt, apply them on the given fact situations and answer the question:
Definition of ATTEMPT : Lord Blackburn has said "there is no doubt that there is a difference between a preparation antecedent to an attempt and the actual attempt, but if the actual transaction has commenced which would have ended in the crime if not interrupted, there is clearly an attempt to commit the crime."
1. Fault element : Intention or knowledge requisite for committing an offence; and
2. Conduct Element : does any act towards its commission and has crossed the stage of preparation. This act is so closely connected with, and proximate to the commission that it fails in object because of facts not known to him or because of circumstances beyond his control.
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1. Fault element : Intention or knowledge requisite for committing an offence; and
2. Conduct Element : does any act towards its commission and has crossed the stage of preparation. This act is so closely connected with, and proximate to the commission that it fails in object because of facts not known to him or because of circumstances beyond his control.
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