INTRODUCTION :-. A crime is an act or omission which is not only harmful for individuals but also for the society and that act or omission forbidden and punishable by law . Like murder , theft , robbery , rape , bigamy etc are the example of crime . Crime is more serious in nature . But there are some stages of crime by which we can say that there is crime .
INTENTION
PREPARATION.
ATTEMPT.
COMMISSION OF CRIME
1. INTENTION :-. The intention is the first and Important stage in the committing crime . Without intention a person can not be commit a crime . So there should be guilty mind . There is a Latin maxim Actus non facit reum nisi mens sit rea it means that there is no crime without guilty mind . Example :-. If A put the gun on the head of B then the intention is clear that A wanted to kill B .
2. PREPARATION. :-. The second Important stage is preparation for commit crime . In this stage the person prepares which will help him in committing the criminal act . This stage is not punishable basically but in certain situations it is punishable . If any person prepares for the dacoity section 399 of IPC and section 122 war against government then this preparation is punishable . Example :-. If A purchases a pistol and keeps the same in his pocket in order to kill B but does nothing more . A has not committed any offence as still he is at the stage of preparation .
3. ATTEMPT. ;. An attempt is the direct movement of an offence after the preparation has been made . Criminal law take notice of attempt to commit punishable wrongs and punishes them according to the nature of the offence attempted . This is very important stage for a crime . Attempt always punishable . Without attempt there is no crime and person also not liable for that. Example :-. A wants to kill B and he purchases a pistol and goes to B and shoot him . B injured but not died so here A is liable for attempt to murder . In the case of Abhayanand Mishra vs. state of Bihar 1961. In this case accused was punishable for attempt to cheating under section 420 of IPC read with section 511 .
4. COMMISSION OF CRIME :-. It is the last stage of the crime . This is the stage where the offender has crossed all the three stages i.e. intention , preparation , attempt . At this stage the person complete the Actus reus . In this stage the crime is fully completed. Example :-. A wants to kill B, and A shoots to B and B died so here the crime is fully complete . In the case of Kartar Singh v. State of Punjab 1994. It was held that doctrine of mens rea must be read as a part of the statute unless and until it has been specifically ruled out of the statute by words or by necessary implications .
CONCLUSION. In last I want to say that all these stages must be at the constitute any crime .
Aishwarya Says:
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