Tests of attempt
Yesterday evening a man came to our house, he asked for water and when I went to fetch him water he opened his bag and took out a knife to attack me. By chance I saw this in mirror in front of me and saved myself by screaming loudly. He ran away instantly. Lawyer was telling us that he may not be punished as this is not attempt but preparation. Please guide us.
Question of punishment would arise only when you identify the person and he is caught. You should file a police complaint in your nearby PS describining the details of the person and the events that took place, as the person has committed an offence of assault and criminal tresspass as per IPC. Also take a copy of complaint from them and follow up with the police persons for the investigation they have conducted, if any and of course be careful for the future.
There are various test developed by courts in their judgments to distinguish between attempt and preparation. The tests are following:-
Proximity, Equivocality, Impossiility, Social Danger and Repentence.
In this case since he planned to attack you, bought the knife and reached your house, he has come very close to commission of the house. He even took the knife out, had you not screamed he would have attacked you so his act was very proximate to the final commission of offence and if caught can be held liable for attempt.
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