+0

The Penal Code section reads:

Attempt to murder — Whoever does any act with such intention or knowledge, and under such circumstances that, if he by that act caused death, he would be guilty of murder.

I suppose the two conditions are:

i) with such intention or knowledge,

ii) and under such circumstances that, if he by that act caused death, he would be guilty of murder.

What does such mean in the first condition above?

+0

Attempt to murder — Whoever does any act with such intention or knowledge, and under such circumstances that, if he by that act caused death, he would be guilty of murder.

I suppose the two conditions are:

i) with such intention or knowledge, Yes

ii) and under such circumstances that, if he by that act caused death, he would be guilty of murder.

What does such mean in the first condition above? under circumstances of the kind specified as follows.

Clive

Comments  
Site Hint: Check out our list of pronunciation videos.

Please excuse me for the incomplete definition. I put full stop at the end instead of ellipsis.

Attempt to murder: Whoever does any act with such intention or knowledge, and under such circumstances that, if he by that act caused death, he would be guilty of murder, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and, if hurt is caused to any person by such act, the offender shall be liable either to imprisonment for life, or to such punishment as is hereinbefore mentioned.

Here such intention/knowledge is mentioned as some circumstances. My confusion is that the intention or knowledge and the circumstances are different. I mean the intention or knowledge should have been specifically specified?

Here's how I interpret this.


Whoever does any act with such intention or knowledge, You must intend to kill the person

under such circumstances that, if he by that act caused death, he would be guilty of murder. Also, you must have the means of killing me. eg It's attempted murder if you have a knife in your hand and you try to stab me. But it's not attempted murder if you have a banana in your hand and you try to stab me.

Clive