The Structure of Attempted Crimes: Cross Border Positions of India, U.S.A and the U.K
Souvik Roy1, N. K. Chakrabarti2, Bhupal Bhattacharya3
1Mr. Souvik Roy, Assistant Professor, KIIT School of Law, Bhubaneswar (Odisha), India.
2Dr. N. K. Chakrabarti, Vice-Chancellor, WBNUJS Kolkata (West Bengal), India.
3Dr. Bhupal Bhattacharya, Assistant Professor, Amity Law School, Amity University Kolkata (West Bengal), India.
Manuscript received on 19 November 2019 | Revised Manuscript received on 04 December 2019 | Manuscript Published on 10 December 2019 | PP: 338-342 | Volume-8 Issue-3S2 October 2019 | Retrieval Number: C10271083S219/2019©BEIESP | DOI: 10.35940/ijrte.C1027.1083S219
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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: For engaging in a productive comparison among the jurisprudences of India, UK and the USA, a level of abstraction must be reached which makes possible the commensuration of the doctrinal discussion created in all these three contexts. In the sphere of the theory of criminal law, such a shared scheme of concept can be obtained in the extensively recognised difference among the three sets of legal standards or rules, which feasible for entering in the depth of the language game of attributing the basis of criminal liability. This article is an attempt at redefining the conception of attempted crimes, based on a logically oriented theory of standards which recognises the deficit of the wrongfulness of the behaviour imputable to the agent as its distinguishing spot. This type of offence imperfection is described as a dearth of complete performative similarity within the objective configuration of the behaviour of the agent and its value of decoration. A majority of the universal law crimes make the involvement of actual harm to property or person. For this reason, manslaughter, murder, mayhem, rape and robbery have the requirement of hurting to the individual whereas arson have the requirement of harm to real larceny and property, harm to personal property. In contrast to this, in some universal law, crimes might be carried out even though there is no harm except the threat of harm. Solicitation for committing a felony is a criminal act though the individual becomes failure in committing it. This article shall analyses the cases which relate to the different types of criminal attempts in the countries of India, the United Kingdom and the United States of America with reference to the criminal laws in the respective countries. The entire research shall be carried out assessing a total of almost ten to eleven cases of attempted crimes.
Keywords: Attempted Crimes; Forms of Crimes; Crime Statistics; Criminalising Action.
Scope of the Article: Social Sciences