Stages of Crime

                        STAGES OF CRIME

            A Crime is an act committed or omitted in violation of public law forbidding or commanding it. Commission of crime involves four stages, namely (i) intention; (ii) preparation; (iii) attempt; and (iv) accomplishment.

1.         Intent or contemplation:

            Intent is the first stages on the commission of an offence. At this stage the person has made up is his actually implement or execute his devious plans. Without intention, there is no commission of an offence. Intention is an term which is very difficult to define. It can be variety said to mean the object, purpose, intention was been defined as the fixed direction of the mind to a particular manner and it is distinguishable from motive that which incites or stimulates action.

            Every same person of the age of discretion presumed it intend the natural and probable consequences of his own acts. Every actual consequences is a natural probable consequences unless and until the contrary is affirmatively shown.

            Intention is the result of working of the brain and can be gathered from judging the act from the circumstances under which it was done. Intent is were the person crosses a normal mental boundary. From this point, the person is mentally physically prepared to commit violence in order get what he wants whatever that may be.

            The word 'intention' means that an intended act is in the future and the la makes relevant statements made by a conspirator with reference to the future.

            To form an intention. He should conceive the idea of performing legally declared harm. It is immaterial whether the person conceiving such an idea knows that it is illegal to perform it. At this state there is no action taken to harm anybody. In order possess and to form an intention there must be capacity for reason. and when by some extraneous force the capacity for reason has been ousted the capacity to form an intention must also have been ousted. Intention connotes conscious state in which mental faculties are roused in to activity and summoned in to action for the deliberate purpose being directed towards a particular and specified act and which the human mind conceives and perceives before itself.

            'Criminal intention' means the purpose or design of doing an act forbidden by the criminal law without cause or excuse. The intention of the accused to produce a particular consequence show his intention to do that act. An act is intentional if it exists in idea before it exists in fact, the idea realizing itself in the fact because of the desire by which it is accompanied.

The word 'intent' does not mean ultimate aim and object. When the legislature makes an offence dependent on proof of intention, the Court must have proof of facts sufficient to justify it in coming to the conclusion that the existed. No doubt one has usually to infer intention from conduct, and one matter that has to be taken in to account in the probable affect of the conduct.

            Criminal intent is a psychological fact which is very difficult to prove. Intention to commit the crime is not punishable unless it is made known to the others either by words or conduct. In Indian Criminal Law mere intention to a crime is not punishable. However, law takes notice of such intention in certain offences. For example: in waging war against the Government (Secs. 121 to 123 of IPC) Sedition (Secs 124A of IPC), intention is considered has serious offence and were intention to commit them is punishable. Similarly, were assembly of persons of committing the dacoity without any further preparation in punishable under Secs 402 of IPC.

2.         preparation:

            The second stage in commission of a crime is 'preparation'. Preparation means "to arrange the means are measures necessary for commission of the intended criminal act.

            Preparation is the action of preparing or getting ready (Sec.8, Indian Evidence Act); something that is prepared; something made for a specific (Sec 276 IPC); to ready beforehand. It is preparation is driven by motive. Motive is that which stimulates or incites an action; the mainspring of human  action; some cause or reason that  moves the will and induces action; the moving power which impels to act for a definite result.

            It is a very difficult for the prosecution to person that necessary preparation has been made for the commission of the offence. For example,

            Purchasing knife with the intention to kill someone is not a crime because it cannot be determined whether the knife was ought to kill someone or to cut vegetables.

            More preparation is punishable under the Indian Penal Code in respect of the following offences.

            (i) Waging War (Sec. 122)

            (ii) preparation to commit dacoity (Sec. 399)

            (iii) preparation for counterfeit coins, and Government stamps (Secs, 233 to 235, 255 to                          257), and

            (iv) possessing counterfeit coins, false coins, false weights or measurement and forged documents (Secs, 242, 243, 259, 266 and 474)

            preparation itself constitutes the actus reus.

3. Attempt:

            The third stage in commission of a crime is 'Attempt'. It is also known as 'Preliminary Crime' and 'Inchoate Crime' (Inchoate means incomplete). Attempt is an effort or endeayour to do something; to try to accomplish or attain any action or object.

            An intentional act which a person does towards the commission of an offence but which fails in its object through circumstances independent of the violation of that person is 'attempt'.

            An attempt to commit a crime is an act done with intent to commit that crime, and forming part of serious of acts which-would constitute its actual commission I it were not interrupted.

            The stage of attempt is attained by performing physical action that, if left unstopped, cause injury to someone.

The action clearly show that the person has absolutely no intention to abandon his plane and if the person is left unrestricted, he will complete the commission of the crime. Since by intention of the person can be determined without doubt from his action, an attempt to commit a crime is considered a crime because it left unpunished, crime is bound to happen and prevention of crime is equally important for healthy society.

            Both preparation and attempt are physical manifestations of criminal intention. But attempt goes a lot further then preparation towards the actual happening of crime. While in preparation, there is a possibility that the person may abandon his plan but attempt leaves no room for that.  For example: keeping pistol in pocket and looking for the enemy to kill is a preparation because one can abandon the plan anytime, but taking out the pistol and pulling the trigger is attempt to commit leaving no room for turning back. Thus, in general, preparation involves collecting material, resource, and planning for committing an act while attempt signifies the achievement towards commission after the preparation are made.

            The following are the essential of attempt:

            (i) Guilty intention to commit an offence;

            (ii) Some act done towards the commitment of the crime; and

            (iii) The act must fall short of the completed offence.

            The term 'attempt' is not defined in Indian Penal Code. Under the penal code, attempt has been described as under:

            (i) 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 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 attempt to murder is punishable                        under Section 307.

            (iii) 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 on and half years                                 imprisonment or with fine or with both.

            Chapter XXIII (Sec. 511) of the IPC deals with 'Of Attempt to Commit Offences' and provides for punishment for attempt.

            [See the topic 'XI Attempt to Commit Offences' in Annexures at end.]

            In R.V. Scofield [(1784) Cald 379], it was held that an attempt to commit itself is an offence.

            In R.V. Linneker [(1902) 2 KB 99], a person took loader revolver out of his pocket and said repeatedly that he was going to kill 'B'. His weapon was seized and the Court held that he was guilty of an attempt.

            In R.V. Cheesman 1862, Lord Blackbum identified a key difference between preparation and attempt and said that if the actual transaction has commenced which would have ended in the crime if not interrupted there is clearly an attempt to commit the crime.

            In R.V. King. 1982 the accused was convicted for attempting to steal from the handbag of the women although there was nothing in the beg. Illustration (b) of section 511 of the IPC is based on this decision.

4.         Commission of Crime or Accomplishment:

            Actual Commission of the offence is the final stage where the crime is actually done. The attack is the crime when the Criminal/Violent person commits himself to using force- or threat of force- to get what he wants. If the accused succeeds in his attempt, he is guilty of the offence. For example 'A' fires at 'B' with an intention to kill him. If 'B' dies, 'A' id guilty of murder. If 'B' is injured, 'A' is guilty of attempt.

            If the accused is on of the commission of crime, he may be an accomplice i.e., one who is in some way concerned in the commission of a crime, though not as principle. A person cannot be treated 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 is only an associate in a crime or guilt. An accomplice is a person who has concurred is the crime and who acknowledges himself to be a criminal by being included.

5.         Reaction:

            The new fifth stage of violence crime is reaction. Reaction is how the criminal feels about what he had done.