Question

Apply the given legal principles to the facts provided in the following of the question and select the most appropriate answer.
Principle 1 : There are four stages of commission of any offence- formation of intention, preparation, attempt and commission of offence. The first two stages are not punishable but the last two stages are punishable. The attempt to commit an offence is an offence in itself.
Principle 2 : In order to be designated as an attempt to commit an offence, the act or series of acts done must be sufficiently proximate to the accomplishment of the intended offence.
Facts : Sachin bought a matchbox and lit a match near a haystack. He was about to light the haystack on fire and commit the offence of arson. However, before he could do the same, he realized that someone was secretly recording a video of him. Fearing that he would be easily caught, he extinguished the match. Sachin is prosecuted for the attempt to commit arson.

• A. Sachin is not guilty of having committed attempt to arson as his act of lighting the match was not the penultimate act before the commission of the intended offence
• B. Sachin is guilty of having committed attempt to arson as lighting the match was the penultimate act before the commission of the intended offence
• C. Sachin is not guilty since the match was extinguished by him on his own
• D. Sachin is guilty of having committed attempt to arson since there is sufficient proximity between the act of lighting the match and the intended offence of arson

Answer 1

The Correct Option is D

According to the provided legal principles and facts, we need to evaluate whether Sachin's actions amount to an attempt to commit arson. Here's a structured breakdown:

Principle 1: An offence has four stages: intention, preparation, attempt, and commission. Only the latter two stages are punishable. Thus, an attempt alone is an offence.

Principle 2: For an action to be classified as an attempt, it must be sufficiently proximate to the intended offence's accomplishment.

Analysis: Sachin bought a matchbox and lit a match near a haystack, preparing to commit arson. The act of lighting the match near the haystack is very close to committing the crime, satisfying the condition of being "sufficiently proximate." Although he extinguished the match, it does not negate the completion of the attempt stage.

Conclusion: Sachin's action satisfies the criteria for an attempt under both principles because it reached a stage of sufficient proximity to commit the offence.

Most appropriate answer: Sachin is guilty of having committed attempt to arson since there is sufficient proximity between the act of lighting the match and the intended offence of arson.