Introduction – Stages of Crime
Crime is not an instantaneous act but rather a process that unfolds through several stages — beginning from the conception of an idea to the final commission of the offence. Understanding these stages helps in determining criminal liability at different points of a criminal act. The Indian Penal Code (IPC), 1860, recognizes the significance of each stage and provides punishments accordingly.
The stages of crime can broadly be divided into four phases:
- Intention
- Preparation
- Attempt
- Commission
Each stage marks a progressive step toward the completion of an offence. However, not every stage attracts punishment — the law punishes only those acts that go beyond mere intention and pose a tangible threat to public safety.
Intention
Meaning and Nature
The intention to commit a crime is the first mental stage in the process of committing an offence. It is a deliberate decision by a person to bring about a prohibited act. Intention is purely mental and cannot be punished unless accompanied by an overt act.
The Latin maxim “cogitationis poenam nemo patitur” means no one is punishable for mere thoughts. Thus, the mere desire or plan to commit a crime does not make a person criminally liable.
Legal Position
The law does not recognize intention alone as a crime because it is impossible to prove what exists only in a person’s mind unless it manifests in some conduct. However, the intention becomes relevant when determining the mens rea (guilty mind) during trial.
Example:
If A plans to kill B but never takes any action toward it, A cannot be held liable.
Preparation
Meaning and Nature
Preparation refers to the arrangement of means or measures necessary for committing a crime. It involves gathering resources, planning logistics, or making arrangements to execute the crime.
While preparation shows a clear determination, it still lacks the actual execution of the offence. Therefore, as a general rule, preparation is not punishable, except in certain exceptional cases where the act itself poses a threat to society.
Examples of Non-Punishable Preparation
- Buying poison to kill someone.
- Purchasing a weapon for future use.
None of these are punishable unless the act goes beyond preparation.
Exceptions — Punishable Preparation
In a few cases, preparation itself constitutes an offence, especially when the act threatens public peace or safety:
- Preparation to wage war against the State – Section 122, IPC
- Preparation for committing dacoity – Section 399, IPC
- Preparation for counterfeiting coins or stamps – Sections 233–235, IPC
Case Law:
- State of Maharashtra v. Mohd. Yakub (1980 AIR 1111): The Supreme Court observed that mere preparation is not punishable, but once the act crosses the threshold into attempt, criminal liability arises.
🔗 Read Case Summary
Attempt
Meaning and Legal Significance
The attempt stage begins when a person, with intent and preparation complete, takes a direct step towards the commission of a crime but fails to complete it due to circumstances beyond their control.
In criminal law, attempt is punishable because it poses a clear and immediate danger to society, even if the act is not fully carried out.
Essentials of Attempt
- Intention to Commit an Offence
- Preparation for Commission
- Execution – Direct Movement Toward the Crime
- Failure to Complete the Act
The distinction between preparation and attempt lies in proximity — an attempt begins when the act reaches a point of no return.
Legal Provisions
- Section 511, IPC: Deals with punishment for attempting to commit offences punishable with imprisonment for life or other imprisonments.
- Punishment: Up to half of the maximum term for the completed offence.
Case Law:
- Abhayanand Mishra v. State of Bihar (AIR 1961 SC 1698): The accused submitted forged documents to appear for an exam. The Supreme Court held it to be an attempt to cheat, as the act went beyond preparation.
🔗 Read Case Summary - State of Maharashtra v. Mohd. Yakub (1980 AIR 1111): Clarified that an attempt begins when actions are so proximate to the intended crime that it becomes practically irreversible.
Commission
Meaning and Nature
The commission of a crime is the final stage, where the act is completed, and the prohibited result occurs. At this stage, both actus reus (the act) and mens rea (the intent) are fully present, resulting in a legally recognizable offence.
Example:
When A shoots B with the intention to kill and B dies — the crime is complete.
Once a crime reaches the stage of commission, full criminal liability arises, and punishment is awarded as prescribed by the Indian Penal Code or relevant statute.
Distinction Between Preparation and Attempt
| Basis | Preparation | Attempt |
|---|---|---|
| Meaning | Arrangement of means for crime | Direct step toward crime |
| Proximity | Remote from actual commission | Immediate and proximate act |
| Punishability | Generally not punishable | Always punishable |
| Example | Buying poison | Administering poison |
| Legal Provision | Only in special cases (e.g., s.122, s.399 IPC) | Section 511 IPC |
| Objective | Planning | Execution |
Importance of Distinguishing Stages
Understanding the stages of crime is vital because it helps determine criminal liability, intent, and appropriate punishment. Courts often analyze how far the accused went in the process to assess the severity of the offence.
This framework ensures that only genuinely dangerous acts are punished while safeguarding individuals from liability for mere intentions or incomplete thoughts.
Conclusion
The stages of crime — intention, preparation, attempt, and commission — represent a gradual progression from thought to action. Criminal law intervenes when a person’s actions become dangerous enough to threaten public safety. While intention and preparation are generally not punishable, attempt and commission are, as they signify the materialization of criminal purpose. This graduated approach ensures fairness and justice within the criminal justice system.
Also Read: Nature and Definition of Crime
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