STAGES IN COMMISSION OF A CRIME

Commission of a Crime involves four stages, namely:

1. Intention:

2. Preparation
3. Attempt; and

4. Accomplishment.
1. Intention or
Contemplation: It is the first stage in the
commission of an offence. The word 'intention' means that an
intended act is in the future and the law makes relevant statements
made by a conspirator with reference to the future. Criminal
intention means the purpose or design of doing an act forbidden
by the criminal law without just cause or excuse. It (criminal
intent) is a psychological fact, which is very difficult to prove.

Intention is the conscious voluntary exercise of the mental

faculties of a person to do an act, for the purpose of accomplishing
or satistying a purpose. Intention has been defined as the fixed
direction of the mind to a particular object, or determination to
act in a particular manner and it is distinguishable from motive
that which incites or stimulates action. Every person is presumed
to be and capable of understanding the nature and extent of
sane
unless the contrary is
consequences of the act, he/she is doing,
proved.
It is very difficult for the prosecution to prove the guilty
to commit
intention of to commit an offence. Intention
person
tne crime is not punishable unless it is
made known to the others
Law also, mere intention
ether by words or conduct. In Indian
0 Commit a crime is not punishable. However, law takes notice
stated below-
of such intention. In certain exceptional cases as

the Governnment. (Sections 121 to

E.g.: Waging War against serious
are considered as
125 1.P.C.), Sedition (Sec. 124 A I.P.C.)
intention to commit them is punishable. Similarly.
Cnces and mere
committing the dacoity without any
for
CTe assembly of persons under Sec. 402 1.P.C.
e r preparation is punishable
 second stage in commission ofaa
2. Preparation: The crime
means "to arrange the mean
eans or
IS preparation. Preparation
of the intended criminal
al
measures necessary for commission act
getting ready
(Sec3
or
Preparation is the action of preparing (Sec
Indian Evidence Act); something that is prepared, something mad
ade
for a specific purpose (Sec. 276, IPC); to make ready before han
It is very diflicult for the prosecution tO prove that necessa
nd
preparation has been made for the commission of the offence. Fo
Ssary
instance, 'A' purchased a pistol and got it loaded and keeps the
same in his pocket in order to kill "B. But, it is not possible
to prove that 'A' is carrying the loaded pistol only to kill 'B
Similarly, purchasing a knife with the intention to kill someone
iS not a crime because it cannot be determined whether
the knife
was bought to kill someone or to cut vegetables.
Mere
preparation is punishable under I.P.C. in respect of the
following offences:
. Waging War (Sec. 122).
2. Preparation to commit dacoity (Sec. 399).
3. Preparation for counterfeiting coins and Government
Stamps (Sections 233 to 235, 255 and
257); and
4. Possessing counterfeit coins, false weight or measurement
and forged documents (Sections 242, 243, 259, 266 and
474).
3. Attempt:
The third stage in
commission of a crime is
attempt'. It is also known as Preliminary Crime'.
and Sir Stephen called it as Prof. Kenny
inchoate crime' (inchoate means
incomplete). An attempt to commit
crime is an act done with
a
intent to commit that
crime, and forming part of a series of
which would constitute its acts
actual commission if it were not
interrupted. An intentional act
which, a
person does towards the
commission of an offence, but
which fails in its
circumstances independent of the volition of that
object through
person is 'attempt'.
Essentials of Attempt: To constitute
essentials are to be satisfied:
'Attempt', the following
. Guilty intention to commit an offence.
 2. Some act done towards the conmmission of the crime and

3. The act must fall short of the completed offence.

The term 'attempt' is not defined in the Indian Penal Code.

Chapter XXIIL (Section 511) of the Penal Code deals with 'of
Attempt to Comnmit Offences and provides for punishment for
attempt. Under the Penal Code, attempt has becen described as
under:

) Completed offences and attempts have been dealt in the

same section and same
punishment is prescribed for the
both.

e.g. Waging War and Attempting to Wage War (Sec. 121).

(ii) In case of certain offences, attempts are described
separately
and separate

Punishment is prescribed for completed offences and

attempt.
e.g. Section 302 describes punishment for murder and
e.g
attempt to murder is punishable under Section 307.

(ii) In other cases of attempt, they are covered under Section

511, which prescribes longest term of imprisonment or
fine or with both.
e.g. Punishment for theft is upto 3 years imprisonment
or fine or both fine and imprisonment. Punishment for
attempt to commit theft is one and halfyears imprisonment
or with fine or with both.
 R. vs. Linneker (1906) 2 KB 99: In this case, 'AA took
a loaded revolver out of his pocket and said repeatedly that
he
Was going to kill B'. His arm was seized. However, he
However, he wa
was
held guilty for an attempt.
Abhyanand Mishra vs. State of Bihar, AIR 1961 SC 1698
.
In this case. the accused obtained permission from Patna University
to appear for M.A. in English against the forged documents statinG
that he was in school
a graduate and employed a as a
teacher.
On enquiry, it was revealed that he was neither a graduate nor
employed as a teacher.
The accused convicted under
was Section 420/511 for offence
of attempt to cheat.
As stated above, Indian Penal
Code, prescribes punishment
both for
completed offences and also for attempt to commit certain
offences. Under the Pena! Code,
attempt has been deseribed under
the following three
ways:
. Completed offences and attempts have been dealt in the
same Section and same punishment is
both.
prescribed for the
E.g.: Waging War and Attempting to Wage War
121). (Section
2. In case of certain offences, attempts are described separately
and separate punishment is
prescribed for completed offence
and attempt.

E.g.: Section 302 describes punishment for murder.

to murder is
Punishable
Attempt
under Section 307.
3. In other cases,
of attempt, are covered under Section 511,
which prescribes
Longest term of imprisonment or with
fine or with both.

E.g.: Punishment for theft is upto 3

or fine both fine and
or
years imprisonment
imprisonment.
attempt to commit thelt is one and half Punishment for
or with fine or
with both.
years imprisonment
 4. Accomplishment: The last stage in the cormmission of
rime is 'accomplishment . I the accused succeeds in his attempt,
a
guilty of the offence. In other words, the act is accomplished.
he is
Otherwise. he is guilty or attempt only.
E.g.: A fires at B' with an intention to kill him. If B
dies, A is guilty of murder. If *B' is injured, 'A' is guilty of
dies.
attempt to murder.

If the accused is one in commission of the crime, he may

be an accompiice 1.e., one, who is in some way concerned in the
commission of a crime,though not as principal. A person cannot

be treated as an accomplice merely because he was present, when

the offence was committed and was fully aware of the person who
committed it, but did not disclose it to the proper authorities. He
s only an associate in crime or guilt. An accomplice
is a person
who has concurred in the crime and who acknowledges himself

to be a criminal by being included.