Stages of crime
The crime involves 4 different stages.
- Intention
- Preparation
- Attempt
- Completion of crime.
If a person commits a crime voluntary or after preparation the doing it involves four different stages. In every crime, there is first intention to commit it, secondly preparation to commit it and fourthly the accomplishment. The following are the stages of crime.
(1) Intention
Intention is the mental element of a crime. One of the most important ingredients of a crime is Mens rea i.e. an intention to do a wrongful act knowing the evil consequences of the same.
However, It is very difficult to prove the intention of anyone, just having an intention will not constitute an offence.
(2) Preparation
Preparation is the second stage of a crime it means to arrange the necessary measures for the commission of an intended criminal act. In general, preparation is not punishable, because a preparation apart from its motive would generally be a harmless act. It would be impossible in most cases to show that the preparation was directed to a wrongful end, or was done with an evil motive, or intent, and it is not the policy of the law to create offences that in most cases it would be impossible to bring home the culprit, or which might lead to harassment of innocent persons.
There are however exceptional cases, wherein the contemplated offence may be so grave that it would be of the utmost importance to stop it at its initial stage and punish it at the preparatory stage itself. These are preparations to:
- collecting arms, etc., with the intention of waging war against the Government of India (section 122, IPC);
- committing depredation on territories of power or at peace with the Government of India (section 126, IPC);
- making or selling or being in possession of instruments for counterfeiting coins or Government stamps (sections 223-235 and 257, IPC);
- possession of counterfeit coin, Government stamp, false weight, or measure (sections 242, 243, 259 and 266, IPC); and
- Making preparation to commit dacoity (section 399, IPC).
(3) Attempt
The general meaning of attempt is an effort to achieve tasks or activities.
Attempt Under IPC
The attempt is not defined in the Indian penal code. S. 511 of the IPC only dealt with punishment for attempting to commit offences. This section deals with the one-half of imprisonment for life or one- half of fine as provided for offences or both. According to MAYNE: An attempt is a direct movement towards commission of an act after preparation has been made.
“Attempt” has been dealt with in three ways under IPC
- General provisions
s. 511 and compare with chapter IV by virtue of S. 40 of the IPC and same as S. 34 both sections cannot stand on its own.
2. Specific Provisions.
S. 307 – Offence of attempt murder
S. 308 – Offence of attempt culpable homicide
S. 309 – Offence of attempted suicide
S. 393 – Offence of attempted robbery.
- Provisions which contain the offence and attempt to commit the offence and its prescribed punishment
S. 121- Waging war
S. 385 & 386 Extortion etc..
Tests to determine Attempt:
There are various tests to determine what constitutes an attempt to commit a crime and they are applied depending on the facts of each case.
Ø The Proximity Rule
According to this test/rule an act or series of acts constitute an attempt if the offender has completed all or at any rate all the more important steps necessary to constitute the offence, but the consequence which is the essential ingredient of the offence has not taken place. In order to designate an act or series of acts as attempt to commit an offence, the act or series of acts must be sufficiently proximate to the accomplishment of the intended substantive offence. In other words, an act or series of acts must be sufficiently proximate and not remotedly connected, to the crime intended.
Ø The Doctrine of Locus Poenitentiae
The doctrine of locus poenitentiae denotes the possibility of person who, having made preparations to commit an offend actually backs out of committing it, due to change of heart or out of any other type of compulsion or fear. Therefore, an act will amount to a mere preparation and not an attempt, if the person of his own accord, drops the idea of committing a crime before the doing of a criminal act. In other words, as long as the steps taken by the person leave opportunity for a reasonable expectation that he might, either of his own because of fear of consequences that he might face or for whatever reason, desist from going further for the contemplated act, then in law, he will be treated at the stage of preparation and criminal liability will not be fastened on him. However, if he stops from moving further due to his being detected or because the police officer was at his elbow, then he ceases to be a beneficiary of the doctrine of locus poenitentiae, because thereafter he has no time for repentance.
Ø The Equivocality Test
The equivocality test, a continuation of the proximate rule and the doctrine of locus poenitentiae, suggests, that an act done towards the commission of the offence would amount to an attempt to commit an offence, if and only if, it indicates beyond reasonable doubt what is the end towards which it is directed” i.e. if it unequivocally indicates the intention of the doer to accomplish the criminal object. In other words, the act must be unequivocally referable to the commission of crimes and must speak for themselves.
The position of attempt under Sec 307 vis-à-vis Section 511 of the IPC
Section 511 talks about the general nature of the crime and Section 307 talks about the particular nature. Section 511 is wider than section 307. It is not the last penultimate act. It may be an act towards the commission of the offence. It takes care of cases not covered under section 307, 308 and 309.
(4) Accomplishment Or Completion
The last stage in the commission of an offence is its accomplishment or commission. It means that if the accused succeeds the attempt to commit the crime, he will be guilty of the complete offence and if his attempt is unsuccessful he will be guilty of an attempt only.
