Skip to main content

Different stages of Crime

Different stages of Crime

It involves 4 stages:

1) Intention
2) Preparation
3) Attempt
4) Accomplishment

Different Stages of Crime:


1. Intention:
It is the first stage in the commission of an offence.

Intention means to do an act in the future.
Criminal intention means designing of doing an act that is forbidden by the criminal law without Just Cause or excuse.

It is difficult for a prosecution to prove the guilty intention of a person to commit an offence.
Intention to commit the crime is not punishable unless it is made to know to other either by words or by conduct.

Eg: Waging War against the Government, sedition etc.

2. Preparation:

The second stage in commission of a crime is “Preparation”.
Preparation means “to arrange the means or measures which are necessary for the commission of the criminal act”.
Preparation is the action of preparing or getting ready.

It is very difficult for the prosecution to prove that necessary preparation has been made for the commission of the offence.

Eg: Purchasing a knife with the intention to kill someone is not a crime because it cannot be determined whether the knife was purchased for killing someone or to cut the vegetables.

Preparation is punishable under IPC for the following offences like Waging War, Preparation to commit a dacoit, Preparation to counterfeiting the coins and stamps, forging documents etc.


3. Attempt:

The third stage in the commission of a crime is “Attempt”. It is also known as “Preliminary Crime”.

To constitute an Attempt, there must be:
a) Guilty intention to commit an offence
b) Some act done towards the commission of the crime, c) The act shall fall short of the completed offence.

Eg: Section-302 describes punishment for Murder and Section-307 describes Attempt to Murder which is punishable.

In R V

Linnekar

In this case, A took a loaded revolver out of his pocket and said repeatedly that he is going to kill B.
His revolver was seized. However, he was guilty for an attempt to murder.

4. Accomplishment:
The last stage of commission of the crime is Accomplishment.

If the accused succeeds in his attempt, he is guilty of the offence. In other words, the act is accomplished.
Eg: A fires at B with an intention to kill him.

If B dies, A is guilty of Murder.
If B is injured, A is guilty of Attempt to murder.

Comments

Popular posts from this blog

Types of Punishments

Punishments: The punishments, to which the offenders are liable under the provisions of Indian Penal Code 1860, are: 1) Death Penalty or Capital Punishment 2) Life Imprisonment 3) Imprisonment a) Rigorous b) Simple 4) Forfeiture 5) Fine 1. Death Penalty or Capital Punishment: It is the most serious nature of punishment. Some Countries abolished it. It is awarded in India in certain exceptional cases. The offences which are punishable with death sentence under the Indian Penal code includes: a) Waging war against the Government of India (Sec-121) b) Abetting Mutiny that is actually committed (Sec-132) c) Giving or Fabricating false Evidence upon which an innocent person suffers death (Sec-194) d) Murder (Sec- 302) e) Abetment of Suicide of a minor or of a insane or of an intoxicated person (Sec-305) f) Attempt to Murder by a person under the sentence of Imprisonment for life, if hurt is caused (Sec-307) g) Punishment for repeat offenders (previously convicted for an offence punishable u...

Right of Private defence

The Right of Private defense: (Section 96 to 106): One of the fundamental principles of law is that every individual has a right to defend himself and his property. This is the doctrine of self-defense or self-preservation. Sec. 96 to 106 has recognized this rule and have provided for the limits within which it may be exercised. This may be discussed under two heads: a) Right of person b) Right of property 1. Right of person: A) Every person has a right to defend his own body and the body of any other person against any person. (Sec-97) B) Against a madman etc: The right extends in all circumstances against anyperson who is insane, drunk or who by a reason of youth immaturity is excused under law (Sec- 98) Eg: Z under madness attempts to kill A.A may defend and even kill Z if circumstances so warrant. C) Extension of the right: Sec-100 provides as follows :A person who is under a reasonable apprehension that his life is in danger,may to defend himself, voluntarily cause the death of th...

UNLAWFUL ASSEMBLY, RIOT, AFFRAY

Unlawful Assembly (Section 141): Unlawful assembly is an assembly of 5 or more persons with the common object: 1)  to over-throw by criminal force the Government or the legislature or 2)  To resist the execution of any legal process 3)  To commit mischief (Sec-425), criminal trespass (441) 4)  To obtain property or right by criminal force or 5)  To criminally force a person to do an act which he is not bound to do, or to force him not to do an act which he is bound to do. If a person is a member of an unlawful assembly then that person is punishable. An assembly which is not unlawful in the beginning may become unlawful subsequently. The purpose or common object decides the nature of the assembly. Essentials: 1)  The essentials are that there should be five or more persons and there should be the common object as specified in Sec-141. 2)  This is different from common intention in Sec-34. For unlawful assembly prior meeting of minds is not essential. 3...