CHAPTER ONE
General Provisions

PART IV
PARTICIPATION AND INCHOATE OFFENCES

Attempts

Attempt to commit crime
77.— (1) If, with intent to commit an offence a person does an act which is more than merely preparatory to the commission of the offence, he or she commits the offence of attempting to commit the offence.

(2) A person may be guilty of attempting to commit an offence even though the facts are such that the commission of the offence is impossible.

(3) Where but for this subsection a person’s intention would not otherwise be regarded as having amounted to an intent to commit an offence, if however the facts of the case had been as he or she believed them to be, his or her intention would be so regarded then for the purposes of subsection (1), he or she shall be regarded as having had an intent to commit that offence.


Punishment for attempt to commit crime
78.— (1) Where a person is convicted of attempting to commit an offence he or she is liable to the punishment to which he or she would have been liable if the offence had been committed.

(2) Where an act amounts to an offence under any provisions of this Code and at the same time constitutes an attempt to commit some other offence a person who commits an attempt to commit that offence is liable to be punished under that provision or under this section.


Application of exemption, justification etc., provisions to attempt
79. Any provisions of this Code with respect to exemption, justification or extenuation in relation to an act shall apply with necessary modifications to an attempt to commit an act.


Preparation for commission of crime
80. Any person who —
(a) prepares or supplies;
(b) has in his or her possession, custody or control; or
(c) has in the possession, custody or control of another person on his or her behalf;
any equipment, instrument, materials or any other device with the intention that such equipment, instrument, materials or device may be used by him or her or any other person in committing —
(i) any offence which is likely to endanger life;
(ii) any forgery or crime relating to money; or
(iii) any indictable offence punishable by imprisonment for ten years;
is liable to punishment in like manner as if he or she had attempted to commit that offence, and any such equipment, instrument, materials or any other device shall be forfeited and applied in such manner as the Court may direct.

Article 25
Individual criminal responsibility
3. In accordance with this Statute, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court if that person:
(f) Attempts to commit such a crime by taking action that commences its execution by means of a substantial step, but the crime does not occur because of circumstances independent of the person's intentions. However, a person who abandons the effort to commit the crime or otherwise prevents the completion of the crime shall not be liable for punishment under this Statute for the attempt to commit that crime if that person completely and voluntarily gave up the criminal purpose.