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Incoherent Forms

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20 views11 pages

Incoherent Forms

Uploaded by

jayantballb20
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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INCOHERENT FORMS

OF CRIME
Introduction
Inchoate/Incomplete Crimes Inchoate crimes, also known as incomplete
crimes, are acts taken toward committing a crime or acts that constitute
indirect participation in a crime. Although these acts are not themselves
crimes, they are illegal because they are conducted in furtherance of a crime,
and society wishes to deter individuals from taking such steps.
In most of the cases, crime is only punishable when it is complete in nature.
There are 4 stages for the commission of a crime. In most of the cases, only
completion of a crime is punishable and not the stages above them. But there
are certain crimes where the above stages are punished. These crimes are
called incoherent crimes or incomplete crimes. These are the crimes which
were in their initial stages but were not completed.
Three primary inchoate crimes are attempt, conspiracy, and aiding
and abetting. Several unique defenses are available to individuals
charged with committing an inchoate crime. First, an accused may
argue that he abandoned his efforts to commit a crime and did not
attempt or conspire to commit the crime. Abandonment requires a
showing that the person completely and voluntarily stopped all
actions in furtherance of the actual crime. Second, defendant may
argue that there is a legal impossibility. This means that what the
person is charged with intending to do is not actually a crime.
Stages of Crimes
1. INTENTION – The first and foremost important element for constituting a
crime is the intention to do any act which will result in a crime. This stage
is also known as the mental stage. This is the stage where the person
mentally prepares to commit a crime. This stage is not punishable under
the law as it is really difficult to prove, without action, that a person has a
guilty mind. E.g., A has decided to kill B, but has not taken any step
further. Here A has only the intention to kill B and has no act further to
constitute the crime and hence his mere intention is not punishable.
2. PREPARATION – This is the second stage in the process of crime. This is
the stage when the person starts preparing for the crime. He takes all the
necessary steps to constitute the crime, eg planning, procuring weapons etc.
Generally, mere preparation is also not punishable under law but in certain
cases it is made punishable. Eg:
• Preparing war against Government of India is punishable under section
122 of IPC.
• Attacking on any territory of power which is at peace with Government of
India, is punishable under section 126 of IPC.
• Preparing to commit Dacoity is punishable under section 399 of IPC.
• Making preparation for imitating govt coins or stamps is punishable under
IPC from section 233-235, 255 and 257.
3. ATTEMPT– This is the third stage in the process of crime. This is the stage where the person
has acted according to his guilty intention. This is the stage where the person cannot undo his
actions. If the offence is completed, then it becomes a crime and if the person misses and the
offence is not committed then it becomes an attempt to an offence. Attempt to commit a crime
is punishable under IPC. Eg. section 308 punishes attempt to commit culpable homicide,
section 309 punishes attempt to suicide. In IPC, attempt to crime is dealt with differently
according to the circumstances, for eg. section 121 mentions both completion and attempt of
waging war and provides punishment for the crime. But in the case of attempt to suicide or
culpable homicide, there are different sections which provide punishments to these attempts
to crime. There are some cases where there is no specific section provided for punishing
attempts to crime. In these cases section 511 is used for punishing these attempts to a crime.

4. COMMISSION OF OFFENCE– if the attempt of an offence becomes complete, it becomes a


crime. In this stage attempt has being successful and harm has been caused to the victim. This
stage is punishable under IPC.
Joint and Constructive Liability
The concept of criminal liability generally states that if any criminal act is done by a person then
he is solely responsible for such activities and only he can be held guilty for the same. However,
there are few provisions laid down under Indian Penal Code embodying the principle of group
liability (also termed as Joint liability, Constructive liability or vicarious liability) to determine
the liability of each member of the group for the crime committed by the entire group or by any
member thereof. A person may be constructively and jointly liable for an offence which he did
not actually commit. These persons, despite actively participating in the occurrence of the
offence, do not actually participate positively in the commission of the offence;

• By sharing Common Intention as defined under Section 34 of IPC; or


• By way of Common Object as per Section 149 of IPC.
• By way of Criminal Conspiracy as mentioned under section 120-A of IPC.
Concept of Joint Liability
Section 34 of IPC embodies the common sense principle of joint liability laid down in
the case of Reg v. Cruse according to which if two or more persons intend to commit
a crime jointly, it is the same as if each of them had done the act individually. Thus,
each of them will be liable for the act in the same manner as if it were done by him
alone. The present section does not create any specific offence except laying down the
principle or a rule of evidence to apply in a situation wherein it may be difficult to
distinguish between the acts of individual members of a group who commits a crime
in furtherance of the common intention of all or to prove the liability of each
individual in the group as if the act was done by each of them individually. The said
section runs as follows:

“When a criminal act is done by several persons in furtherance of the common


intention of all, each of such accused persons is liable for that act in the same manner
as if it were done by him alone”
Essentials of section 34
1. A criminal act is done by two or more persons,

2. The criminal act must be to further the common intention of all,

3. There must be participation of all the persons in furthering with common


intention.

LEADING CASES:

• Barendra Kumar Ghosh v. King Emperor (AIR 1925 PC 1)

• Mahbub Shah v. King-Emperor (AIR 1945 PC 148)


Constructive Liability
Section 149 of IPC finds its basis on Constructive Liability which is the sine qua non for its
operation. It states that the mere membership of the unlawful assembly having a common
object to commit an offence is enough to hold the co-members liable for the act done by the
other members of the assembly even if some of the members did not do any of the act to
commit the offence. The person who did the offensive act is rendered immaterial. The
knowledge of the members of an unlawful assembly that a particular offence or nature or
probable consequences were to be committed or achieved by the objects of the assembly
will make all the persons liable for the unlawful act of other members. In the case
of Mohammad Arif v. State of Gujarat, the agreement was only to give a thrashing to the
victim specifically, but one of them pulled out a knife and stabbed the victim, the Court
held that the object to cause a fatal injury was not known to other members at the initial
stage nor at the execution stage which could make all others liable for the death. Therefore,
it can be construed that the other members of the unlawful assembly were not
constructively liable for the offence committed by another member as the main ingredient,
that is, the common object was not present.
INGREDIENTS OF SECTION 149

1. There must be an unlawful assembly, as defined in Section 141;


2. Criminal act must be done by any member of such assembly;
3. Act done is for prosecution of the common object of the assembly or
such which was likely to be committed in prosecution of the common
object;
4. Members have voluntarily joined the unlawful assembly and knew
the common object of the assembly.
5. Mere presence and sharing of common object of the assembly makes
a person liable for the offence committed even if he had no intention
to commit that offence.

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