Section 511, Indian Penal Code

There is a visible distinction between ‘preparation’ and ‘attempt’ to commit an offence and it all depends on statutory edict coupled with nature of evidence produced in a case; stage of ‘preparation’ consists of deliberation, devising or arranging means or measures, which would be necessary; an ‘attempt’ starts immediately after completion of ‘preparation’; ‘preparation’ or ‘attempt’ will be predominantly determined on evaluation of act and conduct and as to whether or not an incident transgresses thin space between `preparation’ and ‘attempt’.

If attributes are unambiguously beyond stage of ‘preparation’, then misdemeanors shall qualify as an ‘attempt’ and such ‘attempt’ in itself is a punishable offence in view of Section 511, IPC. Section 511, IPC is a general provision dealing with ‘attempt’ to commit offences which are not made punishable by other specific Sections.

Hon’ble Justice Surya Kant, State of Madhya Pradesh v. Mahendra, [Criminal Appeal No. 1827 of 2011].