De Facto IAS
On the Job
The "On the Job" theory refers to whether an Supreme Court's View
individual is actively engaged in the criminal The Supreme Court of India has also
act at the point of arrest or intervention. A provided substantial commentary on what
critical aspect of this is the examination of constitutes an attempt. In Abhayanand
whether the means employed were adequate Mishra v. State of Bihar, the Court held that
to complete the crime, and whether the the stage of preparation was completed when
individual's actions constituted a direct move the accused had dispatched an application
towards the crime after preparations. with fraudulent intent, marking the initiation of
an attempt to commit fraud. This decision
This theory was notably discussed in R v highlights the court's stance that an attempt
Osborne, where the accused, who had crystallises when an act is done with the
provided innocuous pills claiming they would intention to commit a crime, moving beyond
induce an abortion, was initially not held mere preparation.
liable for an attempt as the means were
absolutely unadaptable to bring about the The Probable Desistance Test
intended consequence. This case was A nuanced aspect of this discussion involves
underpinned by the belief that since no harm the "probable desistance test," used to
was caused, or even likely to be caused, determine whether a defendant’s conduct
there was no societal alarm and therefore no would likely have led to the completion of the
punishable offence. crime if not interrupted. This is a predictive
and counterfactual judgement, assessing
However, this case was overruled by R v whether the individual, unless stopped, would
Spicer, reflecting a shift in legal have continued their criminal behaviour to the
thinking—acknowledging that even attempts final act necessary to complete the crime.
with inadequate means should be punishable This test argues that even if an individual
if they demonstrate the actor's intent to abandons their attempt, the sufficient
commit a crime. This is because such an conditions for an attempt charge can still be
individual could pose a greater threat in the met if it is reasonably predicted that they
future. would have continued if not stopped.
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De Facto IAS
Example
Arjun plans to rob a local jewellery store. He
gathers tools for breaking and entering,
sketches out a detailed map of the store's
layout, and notes the timing of the security
shifts. On the night of the planned robbery,
Arjun drives to the store, parks his car
nearby, and approaches the back entrance
with his tools.
Just as he is about to break the lock, Arjun
receives a text message from his daughter
that reads, "Dad, I need you. Please come
home." At that moment, Arjun realises the
gravity of his actions and the potential
consequences on his family. He decides to
abandon his plan, leaves the premises
immediately, and returns home to his
daughter.
Attempt: Arjun's actions have crossed the
threshold from mere preparation to an
attempt. He had a clear intention (mens rea)
to commit the crime, and he took a
substantial step towards its completion (actus
reus) by arriving at the location with all
necessary tools and initiating the break-in.
At the point of arrest or intervention, had he
been caught at the scene before deciding to
leave, Arjun would have been considered "on
the job," as he was actively engaged in the
commission of the crime. However, since he
abandoned the crime voluntarily and before
any external intervention, this theory would
not negate his ability to claim locus
paenitentiae.
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