Criminal Attempt - Law Dictionary Search Results
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attempt
attempt : the crime of having the intent to commit and taking action in an effort to commit a crime that fails or is prevented called also criminal attempt see also impossibility NOTE: There is no settled answer to how close to completing a crime a person must be to be guilty of attempt, but attempt must generally consist of more than preparation. ...
Attempt
Attempt [fr. tentare, Lat.; tenter, temter, tempter, O. Fr. to try], an endeavour to commit a crime or unlawful act. Persons indicted for a felony or misdemeanour may be found guilty only of an attempt to commit the same. (English) Criminal Procedure Act, 1851, 14 & 15 Vict. c. 100, s. 9In criminal law means an overt act that is done with the intent to commit a crime but that falls short of completing the crime. Attempt is an inchoate offence distinct from the attempted crime, Black Law Dictionary 7th Edn., p. 123.What constitutes an 'attempt' is a mixed question of law and fact, depending largely on the circumstances of the particular case. 'Attempt' defies a precise and exact definition. Broadly speaking, all crimes which consist of the commission of affirmative acts are preceded by some covert or overt conduct which may be divided into three stages. The first stage exists when the culprit first entertains the idea or intention to commit an offence. In the second stage, he makes prep...
Attempt to commit an offence
Attempt to commit an offence, is an act, or a series of acts, which leads inevitable to the commission of the offence, unless something, which the doer of the act neither foresaw nor intended, happens to prevent this. An attempt may be described to be an act done in part-execution of a criminal design, amounting to more than mere preparation. An attempt to commit an offence can be said to being when the preparations are complete and the culprit commences to do something with the intention of committing the offence and which is step towards the commission of the offence. The moment he commences to do an act with the necessary intention, he commences his attempt to commit the offence, Koppula Venkat Rao v. State of Andhra Pradesh, (2004) 3 SCC 602....
Attempt to commit crime
Attempt to commit crime, an attempt to commit an offence is an act, or a series of acts, which leads inevitably to the commission of the offence, unless something, which the doer of the act neither foresaw nor intended, happens to prevent this. An attempt may be described to be an act done in part-execution of a criminal design, amounting to more than mere preparation, but falling short of actual consummation, and, possessing, except for failure to consummate, all the elements of the substantive crime. In other words, an attempt consists in itthe intent to commit a crime, falling short of, its actual commission or consummation/completion, Koppula Venkata Rao v. State of Andhra Pradesh, (2004) 3 SCC 602 (606); see also Aman Kumar v. State of Haryana, (2004) 4 SCC 379. (Penal Code, 1860, s. 511)...
Execution of criminals
Execution of criminals, must be performed by the legal officer-the sheriff, or his deputy. The Common Law mode of execution is by hanging, which until 1868 took place in public; but in that year the (English) Capital Punishment Amendment Act (31 & 32 Vict. c. 24), prescribed that the execution must take place within the walls of the prison, in presence of the sheriff, gaoler, chaplain, and surgeon of the prison, and such other officers of the prison as the sheriff requires, or allows. Public execution is, however, still necessary in the case of piracy with attempted murder. See PIRACY....
Fugitive criminal
Fugitive criminal, means a person who is accused or convicted of an extradition offence within the jurisdiction of a foreign State and includes a person who, while in India, conspires, attempts to commit or incites or participates as an accomplice in the commission of an extradition offence in a foreign State. [Extradition Act, 1962 (34 of 1962), s. 2(f)]...
tax evasion
tax evasion : a willful and esp. criminal attempt to evade the imposition or payment of a tax [convicted of tax evasion] ...
Criminal Appeal Act, 1907 (English)
Criminal Appeal Act, 1907 (English) (7 Edw. 7, c. 23), came into force on the 19th April, 1908. For a great number of years the merits and demerits of criminal appeal have been discussed in this country.In 1844 Sir Fitzroy Kelly, in a remarkable speech in the House of Commons, advocated criminal appeal, the claim to which has also been recognized by Starkie, Sir John Holker, and Chief Baron Pollock; and even Blackstone,with whom, as Mr. Lecky has observed, admiration of our national jurisprudence was almost a foible, passed some severe criticisms on the stateof the criminal law of his day. In more recent times Lord James of Hereford (then Sir Henry James) introduced a criminal appeal bill into the House of Commons,which was supported by Lord Russell of Killowen (then Sir Charles Russell). And in 1889 Lord Fitzgerald, when introducing a measure into the House of Lords, said that the absene of any provision for rectifying errors andmistakes in criminal cases constituted a blot upon the c...
Obtaining or attempting to obtain
Obtaining or attempting to obtain, the words 'obtaining' or 'attempting to obtain' can certainly include threat, K.P. Sinha v. Aftabuddin, AIR 1955 Pat 453 (456). (Indian Penal Code, s. 161)The word 'obtains' does not eliminate the idea of acceptance of what is given or offered to be given, though it connotes also an element of effort on the part of the receiver. One may accept money that is offered, or solicit payment of a bribe, or extort the bribe by threat or coercion; in each case, he obtains a pecuniary advantage by abusing his position as a public servant. The word 'obtains' is used in ss. 161 and 165 of the Penal Code, Ram Krishan v. State of Delhi, AIR 1956 SC 476 (478): (1956) SCR 182. [Prevention of Corruption Act, 1947, s. 5(1)(d)]...
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