Mere intention to commit crime does not constitute an offence, rules Madras HC judge

MADURAI: Holding that mere intention or preparation to commit a crime does not constitute an offence under Section 511 of the IPC unless an attempt is made, the Madurai Bench of the Madras High Court recently quashed an FIR against a duo on charges of trying to steal sand from a waterbody in Tiruchy. “An attempt to commit an offence is distinguishable from mere intention to commit an offence or preparations made for committing an offence. A mere intention to commit an offence, not followed by an act of crime, cannot constitute an offence,” he opined. Pointing out that except for the fact that there was an earthmover and a lorry parked near the waterbody, there was nothing available to take this case from the stage of preparation to that of an attempt to commit an offence, the judge concluded that the offence under Section 379 read with 511 of the IPC is not made out.