STAGES OF CRIME AND LIABILITY

The stages of crime, also known as the stages of committing a criminal offense, describe the sequential steps an individual goes through from the initial intention to commit a crime to the completion of the crime. These stages are recognized in criminal law to help determine the culpability and appropriate punishment for the offender. There are four stages or Crime. The stages are:

1. Intention (Mens Rea):

This is the mental stage where the person decides to commit a crime. It involves the formation of the intention to perform an act that is against the law.

This refers to the mental state of the person at the time of committing the crime. Mens rea indicates intent, knowledge, recklessness, or negligence. Under Indian law, intent and knowledge are key aspects. The Indian Penal Code (IPC) specifies various mental states required for different offenses, such as “intentionally,” “knowingly,” “fraudulently,” or “dishonestly.”

Intention plays a very important role in deciding whether a particular act falls under the category of Crime or not. If a person has done an act but he has done in good faith, it means that particular act is not a crime.

For Example:

Mistake of Fact: Section 76 of IPC
Accident: Section 80 of IPC
Infancy: Section 82,83 of IPC
Insanity: Section 84 of IPC
Intoxication: Section 85 of IPC etc.

Nevertheless there are many exception to this rule as well, it means a person will be held liable no matter his intention was there to committing that criminal act or not.

For Example:

Public Nuisance: Section 268 of IPC
Food Safety and Standard Act
Consumer Protection Act
Motor Vehicle Act
In Strict Liability Principle
In Absolute Liability Principle

In these cases intention of the person does not matters.

The dedicated article on Mens Rea is available on our platform. You can check this article here.

CRIMINAL LIABILITY IN INTENTION STAGE:

Generally, Intention alone is not considered a crime; it must be accompanied by an act or preparation to be punishable under the law.

Exception:

Criminal conspiracy, as defined under Section 120A of the Indian Penal Code (IPC), can be considered an exception where intention alone, when accompanied by an agreement between two or more persons to commit an illegal act or a legal act by illegal means, constitutes a crime. Here is the corrected and elaborated sentence:

Another example involves abetment of a crime.

Abetment (Section 107 of the IPC)

Abetment involves instigating, engaging in a conspiracy, or aiding in the commission of an offense. Here, the intention to commit a crime coupled with encouragement or assistance can itself constitute a crime, even if the crime is not ultimately committed. Abetment can be:

By Instigation: Encouraging someone to commit a crime.

By Conspiracy: Engaging in a conspiracy to commit a crime.

By Aiding: Assisting someone in committing a crime

2. Preparation:

This stage involves planning or arranging the means necessary to commit the crime. It might include actions such as buying tools, gathering information, or creating a plan. Mere preparation is generally not punishable unless it involves illegal acts (e.g., possession of illegal tools or substances). But in IPC, many provisions are given where preparation itself is treated as crime, these are:

Section 122: Collecting arms, etc., with intention of waging war against the Government of India:

This section criminalizes the act of collecting men, arms, or ammunition with the intention of waging war against the Government of India. The preparation itself is punishable.

Section 399: Making preparation to commit dacoity:

This section criminalizes making preparation to commit dacoity (robbery by an armed gang). The mere act of preparation is enough to be prosecuted under this section.

Section 233-235: Counterfeiting coin:

These sections deal with various acts related to counterfeiting coins, including making or possessing instruments or materials for counterfeiting coins. Preparation for counterfeiting is punishable.

Section 255: Possession of instruments or materials for counterfeiting Government stamps:

This section criminalizes the possession of instruments or materials for the purpose of counterfeiting Government stamps.

Section 402: Assembling for purpose of committing dacoity:

This section punishes the act of assembling for the purpose of committing dacoity.

3. Attempt:

An attempt occurs when the person takes direct action towards committing the crime, but the crime is not completed. This stage is punishable because it demonstrates the clear intent and steps taken towards completing the criminal act. The legal threshold for what constitutes an attempt can vary, but it typically requires a substantial step towards the commission of the crime.

In the Indian Penal Code (IPC), several sections deal with the concept of “attempt.” An attempt to commit a crime is recognized as a punishable offense even if the crime is not ultimately completed. Here are some key sections related to attempts under the IPC:

Section 511: Punishment for attempting to commit offenses punishable with imprisonment for life or other imprisonments:

Whoever attempts to commit an offence punishable by this Code with imprisonment for life or imprisonment, or to cause such an offence to be committed, and in such an attempt does any act towards the commission of the offence, shall, where no express provision is made by this Code for the punishment of such attempt, be punished with imprisonment of any description provided for the offence, for a term which may extend to one-half of the imprisonment for life or, as the case may be, one-half of the longest term of imprisonment provided for that offence, or with such fine as is provided for the offence, or with both.

Section 307: Attempt to murder:

This section states that whoever does any act with the intention or knowledge, and under such circumstances, that if he by that act caused death, he would be guilty of murder, shall be punished with imprisonment for up to 10 years, and also be liable to fine. If hurt is caused in the attempt, the punishment can extend to imprisonment for life.

Section 308: Attempt to commit culpable homicide:

This section applies to anyone who does any act with the intention or knowledge that by that act they would have caused death if they had caused such harm, shall be punished with imprisonment for up to three years, or with fine, or with both. If hurt is caused, the imprisonment can extend to seven years.

Section 309: Attempt to commit suicide:

This section criminalizes the attempt to commit suicide and states that anyone who attempts to commit suicide and does any act towards the commission of such offense shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.

Section 393: Attempt to commit robbery:

This section punishes anyone who attempts to commit robbery and does any act towards the commission of such offense with rigorous imprisonment for up to seven years, and also be liable to fine.

4. Accomplishment (Completion):

This is the stage where the crime is fully executed, and all elements of the offense are present. The criminal act (actus reus) is completed, and the individual is liable for the full offense.