Crime means the commission of an act that is prohibited by law of the land. An act will be called crime when both mens rea (guilty mind) and actus reus (guilty act) are present. The execution of crime involves four stages. The first is the intention to commit a crime. The second stage involves the preparation to commit it. The third stage in commenced when he attempts to commit that unlawful act and the last and final stage is when the actual commission of an act takes place.
The various stages of a crime are as follows:
- Intention
- Preparation
- Attempt
- Commission
Intention
The initial stage of commission of a crime is intention. It is also known as mental stage.
This is the stage where the person actually develops an intention to commit the crime in his mind. Mens rea i.e., guilty mind of a person is the legal maxim which tells about the same. An act without any evil intention is not punishable in the eyes of law. An intention to commit a crime cannot be considered as an offence. So, it is not punishable.
Preparation
The second stage is the preparation to commit the crime. At this stage the culprit prepares or makes necessary arrangements for the commission of the crime. This stage is also not punishable as the crime has not committed yet. Under Indian Penal Code the first and the second stage are not punishable as the person can withdraw from committing the act. However, some offences like waging war against the Government of India, committing depredation and to commit dacoity are punishable at the preparation stage.
Waging war against the Government of India is under Section 122 of IPC. Committing depredation on the area of any country which is at peace with the government of India in under Section 126 and to commit dacoity is under Section 399.
Attempt
After preparation the attempt is made. After making necessary arrangements for the commission of the crime attempt is made. An attempt is made punishable because every attempt though it fails creates an alarm to other people which in itself is an injury to the society. Although IPC has not defined attempt anywhere in the IPC it has dealt with attempts in various sections such as –
Section 511– This section talks about the imprisonment which is to be imposed on an individual if he or she is found attempting to commit an offence.
Sections where the commission and the attempt to commit are dealt with in the same section:
Section 196: Using false evidence;
Section 197: Using false certificate;
Section 213: Obstruction by a person to his lawful apprehension;
Section 224: Resistance or obstruction to lawful apprehension of another person;
Section 239: Delivery if coin as genuine, which when first possessed the deliverer did not know to be counterfeit;
Section 250: Delivery of coin possessed with knowledge that it is altered;
Section 385: Putting person in fear of injury to commit extortion;
Section 387: Putting person in fear of death or grievous hurt to commit extortion;
Section 389: Putting person in fear of accusation of offence to commit extortion;
Section 391: Dacoity.
Section 307: Punishes attempt to commit murder;
Section 308: Punishes attempt to commit culpable homicide;
Section 309: Punishes attempt to commit suicide;
Section 393: Punishes attempt to commit robbery.
Commission
Commission is the last stage. At this Stage the person has completed all three stages i.e., intention, preparation and attempt. At this stage both mens rea and actus reus has been completed. After attempt if the person accomplishes it then he is liable for the offence. Even if the attempt is unsuccessful then too, he will be liable for the attempt.
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