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“A For Efforts, Even Where They Fail” - A Jurisprudential And Philosophical Approach To The Law Of Attempt In India And The US


Subadev Pandian S., B.B.A. LL.B. (Hons), School of Excellence in Law, The Tamil Nadu Dr. Ambedkar Law University

Ms. T. Vaishali, Assistant Professor of Law, Department of Criminal Law and Criminal Justice Administration, The Tamilnadu Dr Ambedkar Law University


ABSTRACT


Attempts are efforts directed towards the attainment of an objective. In criminal law, they refer to conduct that has all the required elements of a crime, sufficient to induce culpability, but failing before completion. Universal criminal law principles dictate that mere intentions and preparations are not punishable. Thus, the legal authorities in the US and India have ,despite statutory backing and common law developments, faced a bit of conundrums in deciding when an attempt begins in the eyes of law, about the quantum of punishments for attempts and in determining whether a plea of impossibility or withdrawal could be an acceptable defence against such a crime. This research also delves upon the anomalous case of double inchoate crimes. The in-depth analyses of existing legal frameworks reveals that more express legislative attention is the need of the hour to fill in the statutory vacancies governing the law of attempts in the Indian subcontinent.


Keywords: attempts, plea of impossibility and withdrawal, double inchoate crimes, etc.




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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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