Stages of Crime
- Intention to commit the Crime
- Preparation to commit the Crime
- Attempt to commit the Crime
- Accomplishment
Intention to Commit the Crime
It is the first stage to commit crime because without an
intention no one can commit a crime. No person can be convicted for having an
intention to do crime. It is not a crime the intention of the person could be
changed due to various factors.
Illustration
If A has an intention a place to
meet his daily needs due to unemployment. Then, the next day A gets a job offer
which helps him to meet his daily need so, the intention of robbing a place
vanishes from the mind of A. So, A could not be convicted.
Preparation to Commit the Crime
It is the second stage of
committing the crime. In this stage when person has an intent to commit a crime
and starts preparing for it. While most of crime in preparation stage are not
considered a crime.
Illustration
If A purchases a pistol and keeps it loaded in his pocket
so that he could kill his bitter enemy B and does nothing more. Since no
offence has taken place till now, prosecution can’t prove the purpose of
purchasing the pistol is solely to kill B as it could be interpreted that A
carries a pistol so that he could protect himself from the attack from B.
But there are some crimes in which
the person could be convicted in preparation stage only.
Illustration 1
If A purchases Arms and Ammunition in order to wage a war
against the government of India and prosecution is able to prove the intention.
Then A would be convicted in the preparation stage only.
Illustration 2
A buy all the material required
to make counterfeit currency and also has the intention to do so, so A could be
convicted because he had intention to produce counterfeit currency and has been
preparing for doing it also.
Attempt to Commit the Crime
Attempt is the direct movement towards the commission of a crime after
the preparation is made. According to English law, a person may be guilty of an
attempt to commit an offence if he does an act which is more than merely
preparatory to the commission of the offence; and a person will be guilty of
attempting to commit an offence even though the facts are such that the
commission of the offence is impossible. There are three essentials of an
attempt: -
•
intention
to commit an offence;
•
Some
act done towards the commission of the offence;
•
The
act must fall short of the completed offence.
Illustration
If A had a plan to kill B and buys
a knife for the same and later on attacks B with knife but fortunately, B
survives with minor injuries. So, A would be convicted as it fulfils all the
condition to be considered an attempt to kill.
Accomplishment
The last
stage in the commission of an offence is its accomplishment or completion. If
the accused succeeds in his attempt to commit the crime, he will be guilty of
the complete offence and if his attempt is unsuccessful he will be guilty of an
attempt only.
Illustration
A fire at B
with the intention to kill him, if B dies, A will be guilty for committing the
offence of murder and if B is only injured, it will be a case of attempt to
murder.
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