Distinction between Preparation and Attempt

The distinction between Preparation and Attempt

The line between preparation and attempt is razor thin. While the IPC does not define either, it is

critical to distinguish between them because attempting is a crime but preparing is not.

Preparation and Attempt are both physical manifestations of criminal intent. However, the

attempt is much more important than the preparation for the actual occurrence of the crime.

There is a chance that the person will abandon his plan while in Preparation, but attempting

leaves no room for that. For example, keeping a pistol in one's pocket and looking for an enemy

to kill is preparation because one can abandon the plan at any time, whereas pulling out the

piston and pulling the trigger is an attempt because it leaves the pistol unattended. Thus, in

Lord Blackburn identified a key difference between the two in the case of R vs Cheesman 1862.

He claims that if the actual transaction has begun, which would have resulted in the crime if it

had not been interrupted, there has clearly been an attempt to commit the crime. This is not,

however, the only criterion for determining an attempt. The four tests listed below can help you

tell the difference between the two -

Last Step Test or Proximity Rule

According to this test, anything less than the final step is preparation, not an attempt. This is

because the person can abandon the crime as long as there is a step left to complete it. For

example, A obtains poison in order to kill B and mixes it with food that B is supposed to

consume. But he hasn't yet given B the food. As a result, it is still in the planning stages. The last