stages of Crime- an overview

Topics: Criminal law, Crime, Mens rea Pages: 14 (4316 words) Published: October 14, 2013
Table of Contents

1.Introduction…………………………..………………................................04 2.Objective of Study…………………………………………………………05 3.Methodology………………………………………………………….....…05 4.Stage 1 - Intention…………………….……………………………………06 •Types of Intention…………………………………………………07 5.Stage 2 - Preparation…………………………..…………………………..08 •Exceptions to preparation………………….………………….…..09 6.Stage 3 - Attempt .…………………………………………………….…...10 •Attempt and Preparation Distinguished…………………….12 - 17 7.Stage 4 - Accomplishment…………………………………………………17 8.Conclusion………………………………………………………………….18 9.References…………………………………………………………………..19

INTRODUCTION

Criminal law is a body of rules and statutes that defines conduct prohibited by the state because it threatens and harms public safety and welfare and that establishes punishment to be imposed for the commission of such acts. Criminal law differs from civil law, whose emphasis is more on dispute resolution than in punishment.

The term criminal law generally refers to substantive criminal laws. Substantive criminal laws define crimes and prescribe punishments. In contrast, Criminal Procedure describes the process through which the criminal laws are enforced. For example, the law prohibiting murder is a substantive criminal law. The manner in which state enforces this substantive law—through the gathering of evidence and prosecution - is generally considered a procedural matter.

If a person commits a crime voluntarily or after preparation the doing of it involves four different stages. In every crime, there is first intention to commit it, secondly, preparation to commit it, thirdly, attempt to commit it and fourthly the accomplishment.

My research project on Stages of Crime – An Overview revolves around these four activities which essentially required to be fulfilled in order of an offence to become a crime under Indian Penal Code.

Objectives of Study

The major objective of this project is to study various stages of Crime with respect to the Indian Penal Code as well as English laws and critically examining situation through various case laws. •To analyze each a every stage of crime with respect to illustration and case laws.

Methodology

It is largely based on secondary & electronic sources of data. Books, case laws, journals & other reference as guided by faculty of IPC are primarily helpful for the completion of this project.

I.INTENTION

Intention is the first stage in the commission of an offence and known as mental stage. Intention is the direction of conduct towards the object chosen upon considering the motives which suggest the choice. But the law does not take notice of an intention, mere intention to commit an offence not followed by any act, cannot constitute an offence. The obvious reason for not prosecuting the accused at this stage is that it is very difficult for the prosecution to prove the guilty mind of a person.

This stage is a significant progress from mere deliberation towards actual commission of the crime. At this stage, the person has made up his mind to actually implement or execute his devious plans. There is an intention to cause harm but he hasn't yet taken any action that manifests his intention. Further, there is no way to prove an intention because even devil can't read a human mind. Thus, this is not considered a crime. For example, intention to kill anyone is not a crime in itself. However, it is an essential ingredient of crime because without intention to cause harm, there can be no crime. On the other hand, even a thoughtless act, without any deliberation, can be a crime if there is an intention to cause harm.

In simple words, at this stages, a person consolidates his devious ideas and identifies ways of doing it. There is no action taken and there is no harm done to anybody nor is there any intention to cause injury to...

References: Books Referred:
1. Prof. S.N.Mishra; Indian Penal Code; Central Law Publications, Allahabad, Tenth Edition (September) 2001.
2. K.D. Gaur; A Text Book of The Indian Penal Code, Universal Law Publishing Company Pvt. Limited, New Delhi, Third Edition 2004.
3. O.P. Srivastava; Principles of Criminal Law, Eastern Book Company, Lucknow, Fifth Edition, 2010.
Articles and Journal Referred:
Attempt in criminal law by Suwarn Rajan, Advocate, Supreme Court of India
Websites Referred
o http://hanumant.com/PreparationAndAttempt.html
o http://www.legalservicesindia.com/article/article/the-elements-and-stages-of-a-crime-1228-1.html
o http://www.lawyersclubindia.com/articles/print_this_page.asp?article_id=1664
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