Non definitur in jure quid sit conatus

Non definitur in jure quid sit conatus

Literal Meaning

What is an attempt is not defined in law.


This maxim is old which is used in modern times. This maxim is interpreted by many jurists. This maxim is being interpreted in many cases and precedents.


In simple words we can state that what is an attempt is nowhere defined in law. The law says that there should be no attempt, and when there is attempt it is not defined under law.


In sum, a person commits the offence of ‘attempt to commit a particular offence’ when (i) he intends to commit that particular offence; and (ii) he, having made preparations and with the intention to commit the offence, does an act towards its commission; such an act need not be the penultimate act towards the commission of that offence but must be an act during the course of committing that offence.

Cases Refered

State Of Maharashtra vs Mohd. Yakub S/O Abdul Hamid & Ors 

What constitutes an “attempt” is a mixed question of law and fact, depending largely on the circumstances of the particular case. “Attempt” defies a precise and exact definition. Broadly speaking, all crimes which consist of the commission of affirmative acts are preceded by some covert or overt conduct which may be divided into three stages.

Edited by Vigneshwar Ramasubramania

Approved & Published – Sakshi Raje

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