Three persons forms into a group and plans to rob a bank. While they were trying to rob the bank, the bank authorities informs the police and police arrives and takes one person into custody. While the other two escape. Discuss the liability of each person.

Facts of the Case

Three persons formed a common intention to rob a bank. They planned the robbery and executed steps to carry it out. While attempting the robbery, bank authorities alerted the police. The police arrived promptly and apprehended one of the three persons at the scene. The remaining two managed to escape.
The prosecution seeks to determine the criminal liability of all three participants under Indian Penal Code (IPC), including liability for attempted robbery and the role of common intention.

Issues in the Case

1. Whether the act of planning and attempting the bank robbery constitutes an offence under IPC?
2. What is the liability of the person apprehended during the commission of the crime?
3. What is the liability of the two persons who escaped before apprehension?
4. Whether Section 34 (common intention) and Section 511 (attempt) apply?
5. Whether mere planning or preparation is punishable, or only the attempt/commission of robbery is relevant?

Legal Principles Applicable

A. Attempt to Commit Offence — Section 511 IPC

• Under Section 511 IPC, attempt to commit any offence punishable under IPC is itself punishable.
• Ingredients of an attempt:
  1. Intention to commit an offence
  2. Direct act towards commission of the offence
  3. Failure to complete the offence due to extraneous factors
• Here, all three had intention and took direct steps to rob the bank.
• The robbery could not be completed because of police intervention.

Liability: All three can be charged with attempted robbery under Section 511 read with Section 392 IPC (robbery).

B. Robbery — Section 392 IPC

• Robbery is theft committed with violence or threat of injury.
• Since the robbery was attempted but not completed, Section 392 read with Section 511 IPC applies.

C. Common Intention — Section 34 IPC

• When two or more persons share a common intention to commit a crime, each is liable for acts done in furtherance of that intention.
• Even if some participants escape, those acts done in pursuance of the plan are attributable to all under Section 34 IPC.

Application:

• The apprehended person can be held liable for the attempt and acts of co-conspirators during the commission of the crime.
• Escaped persons are also liable because common intention existed and overt acts were taken.

D. Preparation vs. Attempt

• Mere planning (conspiracy without overt act) is not punishable under IPC except under CrPC or special laws.
• Here, attempt occurred, satisfying Section 511 IPC.

E. Judicial Principle

• Courts have held that all participants in a criminal attempt are liable, regardless of whether they complete the act or escape.
• Liability extends to acts done by co-offenders in furtherance of the common plan.

4. Possible Judgement

Finding

• All three persons are liable, whether apprehended or escaped.

Offence Committed

1. Attempt to commit robbery — Section 392 read with Section 511 IPC
2. Acts done in pursuance of common intention — Section 34 IPC

Reasoning

• Each participant intended to rob the bank.
• All took direct steps: approaching the bank, attempting the robbery.
• One was apprehended; two escaped — liability remains for all.
• Common intention principle ensures shared criminal responsibility.

Punishment

• Attempted robbery under Section 511 IPC: imprisonment up to half of the maximum term for robbery, which under Section 392 IPC is up to 3 years.
• Fine may also be imposed.
• Under Section 34 IPC, acts done in furtherance of common intention attract the same punishment.

About lawgnan

If you want clear, exam-oriented explanations of criminal law topics like attempt, common intention, and group liability, explore more detailed notes on Lawgana.in. Our platform is designed for law students, judiciary aspirants, and legal researchers who need simplified, high-quality content. From IPC sections to landmark cases and scenario-based analysis, Lawgana.in helps you understand complex concepts with ease. Strengthen your legal foundation, prepare smarter for exams, and access reliable resources written in a student-friendly manner. Visit Lawgana.in today to continue your journey toward mastering the Indian Penal Code.