Inchoate Aspects of Attempted Crimes: Revisiting Criminal Law for its Effective Management
Souvik Roy1, N.K. Chakrabarti2, Bhupal Bhattacharya3
1Mr. Souvik Roy, Assistant Professor-II, School of Law, KIIT Deemed to be University, Bhubaneswar (Odisha), India.
2Dr. N. K. Chakrabarti, Vice-Chancellor, WB NUJS Kolkata (West Bengal), India.
3Dr. Bhupal Bhattacharya, Assistant Professor-III, Amity Law School, Amity University, Kolkata (West Bengal), India.
Manuscript received on 04 August 2019 | Revised Manuscript received on 27 August 2019 | Manuscript Published on 05 September 2019 | PP: 391-395 | Volume-8 Issue-2S7 July 2019 | Retrieval Number: B10720782S719/2019©BEIESP | DOI: 10.35940/ijrte.B1072.0782S719
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© The Authors. Blue Eyes Intelligence Engineering and Sciences Publication (BEIESP). This is an open access article under the CC-BY-NC-ND license (http://creativecommons.org/licenses/by-nc-nd/4.0/)
Abstract: Actus Reus is known as the external element of the objective component of Criminal Law. Mens Rea, the guilty intention, determines the criminal responsibility. Mens Rea and Actus Reus both are the components of a criminal activity that determines the liability of the accused person. An action carried out in furtherance of criminal activity doesn’t become an attempted crime unless it is confirmed by the illegality for which it was conducted. An attempted crime is an action that reveals the illegal intention on its face. The aspects of a crime such as the Mens Rea, Actus Reus, intentional crime, unintentional act caused as a result of carelessness, motivates to indulge in violating the provisions of law. The four theories of law such as the rule of proximity, the test of unequivocally, the indispensable element approach and the test of social danger are the elements of a crime.
Keywords: Attempt; Inchoate; Criminal Law; Mens Rea; Deterrence; Culpability.
Scope of the Article: Social Sciences