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Stages of Crime and Attempt

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20 views6 pages

Stages of Crime and Attempt

Uploaded by

popai200328
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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STAGES OF CRIME

AND
ATTEMPT
Introduction
A crime is defined as the commission of an act that
is prohibited by law, or an omission of an act that
is obligated by the law. In other words, crime may
be defined as the disobedience of law. Another
important aspect of a crime is that it affects the
public interest, rather than the rights of a single
individual, which shall be a part of civil law.

In India, criminal law is operated through


substantive as well as procedural law. The
substantive law includes the Indian Penal Code,
1860 (the Code), and the procedural law includes
the Code of Criminal Procedure, 1973 (Cr.P.C.).
These laws implicitly and also various cases have
enunciated that in the commission of a crime,
there exist four stages. The same forms the scope
of the present article and has been discussed
hereafter.
Stages of crime
The stages of crime or elements of a crime include
intention, preparation, attempt and
accomplishment. The constitution of a crime
includes all the elements. Some of these elements
are even punishable before the accomplishment of
the crime. If a person commits a crime voluntarily
or after preparation, there are four stages to the
process. Every crime begins with the intent i.e.,
Mens Rea to commit it, followed by the
preparation to commit it, the attempt to commit
it, and finally the completion or accomplishment.
The stages can be described as follows: -
Attempt
After making preparations, an attempt is a direct
movement towards committing a crime. A person
can be charged with attempting to commit an
offence if he does something that is more than
merely preparatory to the commission of the
offence, and a person can be charged with
attempting to commit an offence even if the facts
make the commission of the offence impossible.
An attempt to be considered must have three
elements [2]: -

• An intention to commit a crime is required • The


act must be done "in furtherance of that intent" or
"towards the completion of the offence".

• The act must be "unfinished work" or "not a full-


fledged crime".

The attempt is not defined anywhere in the IPC;


instead, it is addressed in several parts, such as
Sec.511. If an individual is caught attempting to
commit a crime, he or she will be sentenced to
prison under this clause. This is a generic section.
The IPC includes parts that criminalize and punish
attempts to commit crimes in such sections or
chapters.

However, the IPC does not specify the punishment


^ for certain offences. By providing punishment in
section 511, this section fills that vacancy and
covers

similar offences. The provision imposes a


punishment that is described for that specific
offence, with the maximum being half of a life
sentence or half of the longest length of
imprisonment that is prescribed for the offence. A
person may potentially face a fine if they make
such an attempt.

In the case of Aman Kumar v. the State of Haryana


[3], The Supreme Court observed that an attempt
is made punishable because it creates alarm in the
minds and the moral guilt of the person omitting if
he had been successful in his efforts, an act would
be the same.

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