Indian Kanoon - Search engine for Indian Law

VI. Attempt under Section 511 IPC- Proximity and Intent

32.The addition of Section 511 IPC to the charge requires independent and careful judicial scrutiny. Section 511 IPC embodies the general provision governing punishment for attempts to commit offences punishable with imprisonment for life or other imprisonment, where no express provision for attempt is separately enacted.

33.While intention is a mental state and preparation consists of arranging the means or measures necessary for commission of the offence, attempt denotes a direct movement towards the commission of the offence after preparations are made. Attempt is therefore not a matter of conjecture; it is a matter of conduct.

45. In the context of Section 315 IPC, therefore, the Court must examine:

• Whether there is material indicating a definite intention to prevent a child from being born alive; and • Whether there exists any overt act proximate to that objective.

46.If the foundational intention itself is not discernible from the material on record, the superstructure of attempt under Section 511 IPC cannot independently stand. Attempt is parasitic upon intention; it cannot survive in its absence.

59.There is no prima facie material demonstrating demand for termination, preparation undertaken for termination, medical documentation indicating termination, or statement revealing conscious design to prevent live birth.

60.In such circumstances, continuation of proceedings under Sections 315/511 read with 120-B IPC would amount to permitting prosecution on conjecture rather than legally admissible foundation.

VIII. Conclusion

61. In view of the foregoing discussion, this Court is of the considered opinion that the impugned order dated 20.01.2024, insofar as it frames charges under Sections 315/511 IPC read with Section 120-B IPC, suffers from absence of discernible judicial satisfaction regarding the essential ingredients of the offences alleged. The order reflects mechanical exercise of jurisdiction without identifying any specific material which, at least prima facie, demonstrates intention coupled with overt act amounting to attempt.

63.Accordingly, the instant criminal revision petition is partly allowed. The impugned order dated 20.01.2024 passed by the learned Sessions Judge, Banswara in Sessions Case No.105/2017 is set aside to the extent it frames charges under Sections 315/511 IPC read with Section 120-B IPC. The matter is remitted to the learned Trial Court for fresh consideration strictly in accordance with law. The learned Trial Court shall re-examine the material on record with specific reference to the statutory ingredients of Section 315 IPC and the legal requirements of attempt under Section 511 IPC, afford adequate opportunity of hearing to the parties, and pass a reasoned and speaking order uninfluenced by any observations made herein.