Understanding the Stages of Crime: A Detailed Explanation with Special Reference to Attempts
Crime does not occur instantly or in isolation. It is the result of a series of actions that progress step-by-step before the actual criminal act takes place. The Indian Penal Code (IPC) recognizes this progression and divides crime into distinct stages. Understanding these stages is crucial for students of criminal law, legal practitioners, and anyone who wishes to grasp the deeper principles of criminal liability.
The law acknowledges that a person should be held responsible not only for the final act (the completed offence) but also for certain acts that occur before the completion of the crime—especially when the intention to commit the crime is clear. Among these, attempt plays a significant role because an attempt reflects a direct movement towards committing a crime, even if the crime is not ultimately completed.
This essay explores, in a humanized and reader-friendly manner, the four stages of crime under the Law of Crimes, with a detailed focus on the law of attempts.
1. The First Stage: Intention
Every crime begins with a guilty mind, also known as mens rea.
This is the mental stage where a person develops the desire, plan, or determination to commit a crime.
Key Features
- It exists in the mind and cannot be punished unless accompanied by some overt act.
- Intention may be inferred through circumstances, threats, preparations, or statements.
- The law does not punish intention alone, because the criminal justice system cannot read minds and because mere thoughts cannot harm society.
Legal Understanding
Although intention is the foundation of criminal liability, it becomes punishable only when it transforms into action. Exceptions exist (like sedition or conspiracy), but as a general rule, intention alone is not sufficient for punishment.
2. The Second Stage: Preparation
Preparation is the stage where the person organizes the means or tools necessary for committing the crime.
Examples of Preparation
- Buying weapons or poison
- Gathering tools for housebreaking
- Arranging transportation
- Collecting information about the victim or location
General Rule
Preparation is not punishable.
This is because a person may prepare for a crime but may still change their mind. In order to protect individual freedom and prevent unjust punishment, the law refrains from criminalizing mere preparation.
Exceptions Where Preparation is Punishable
The IPC punishes preparation in certain grave situations where preparation itself poses a threat, such as:
- Preparation to wage war against the government
- Preparation to commit dacoity
- Preparation for counterfeiting coins
- Preparation to commit terrorist acts
These exceptions exist because such actions demonstrate dangerous social intent.
3. The Third Stage: Attempt – Special Focus
Attempt is the most important and punishable stage after the completed crime. It occurs when the individual directly moves towards committing the offence and takes steps that go beyond mere preparation.
Meaning of Attempt
Attempt refers to an intentional act done towards the commission of a crime which falls short of completion. It is the “direct movement towards the commission of the offence after preparation is complete.”
Legal Position
The IPC punishes attempt because:
- The intent is clearly criminal
- The act is dangerous to society
- The offender has crossed the boundary of preparation
- The harm is often prevented by chance, not by the criminal’s choice
Essential Ingredients of Attempt
- Intention to commit the offence
- Preparation already completed
- Direct movement towards the crime
- Crime not completed due to external factors or intervention
Examples of Attempt
- Firing a gun at someone but missing
- Trying to steal but getting caught during housebreaking
- Administering poison but the person is saved in time
- Attempting suicide (Section 309 IPC)
- Attempting robbery (Section 393 IPC)
Why Attempt is Punishable
The law punishes attempts to deter individuals from taking dangerous steps towards crime. Even if the harm does not occur, the intention and action reveal the criminal mindset.
Types of Attempt
Legal scholars categorize attempt into four types:
1. Attempt by Overt Act
The most common type, where the criminal act is done but incomplete.
(e.g., stabbing someone but failing to cause death)
2. Impossible Attempt
Where the act is impossible to accomplish.
(e.g., picking an empty pocket)
3. Attempts under Specific IPC Sections
Some offences have specific provisions for attempt, like:
- Attempt to murder (Sec. 307)
- Attempt to commit suicide (Sec. 309)
- Attempt to cause miscarriage (Sec. 511)
4. Attempt under Section 511 IPC
Section 511 is a general provision for punishing attempts for offences where no specific punishments exist.
4. The Fourth Stage: Accomplishment or Completion of the Crime
This is the final stage where all elements of the offence are fulfilled. Once the act is completed, the offender becomes fully liable for the crime.
Examples
- Theft is completed when the property is moved with dishonest intention.
- Murder is completed when the victim dies due to the accused’s act.
- Rape is completed when penetration occurs as defined by law.
Completion results in full criminal liability and punishment as prescribed under the IPC.
Importance of Understanding Stages of Crime
Studying these four stages helps in understanding:
- When criminal liability begins
- When the law intervenes
- Why some acts are punishable and others are not
- The distinction between preparation and attempt
- How courts evaluate intention, motive, and evidence
A good understanding of the stages guides courts in deciding whether the accused should be punished, and if so, to what extent.
Mnemonic Sentence to Remember the Stages of Crime
“I Prepare Actions Completely.”
Where:
- I → Intention
- Prepare → Preparation
- Actions → Attempt
- Completely → Completion of Crime
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