What are the different stages of the commission of a crime?

Question: What are the different stages of the commission of a crime? [U.P.C.J. 1992] Or Describe the scope of intention, preparation, and attempt to commit a crime.

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Answer

A crime can be said to be an act of commission, or omission, contrary to law, tending to prejudice of the community, for which punishment may be inflicted as the result of judicial proceedings taken in the name of the state.

There are four stages involved in the commission of the crime. They are as follow:

1. Intention to commit the crime
2. Preparation for its commission
3. Attempt to commit it
4. Commission of the crime

Intention: The first stage of contemplation or commission of the offense is having an intention about it. However, mere intention to commit a crime is not punishable. Law doesn’t take the notice of mere thought of a person. Since it is impossible to prove the mental state of a man, the court cannot punish a man for that which it cannot know. An exception is cases of criminal intimidation, annoyance, and insult and is a complete offense in the case of sedition.

Preparation: It consists of devising or arranging the means or measures necessary for the commission of the offense, the attempt is the direct movement towards the commission after the preparation has been made. A mere act of preparation is not punishable except in five cases as provided under IPC:

1. Preparation to wage war against the Government of India (section 122)
2. Preparation to commit depredations on the territories of a friendly country (section 126)
3. Preparation to commit dacoity (section 399)
4. Making, selling, or being in possession of instru8ments for counterfeiting of coins or stamps
5. Possession of counterfeit coins, false weights, and forged documents.

Attempt: An attempt is an intentional preparatory action with the intent to commit that crime and forming part of a series of acts that would constitute its actual commission if it were not interrupted. It is the direct movement towards the commission of the offense after the preparations have been made. An attempt is broadly divided into two categories under IPC:

1. In the commission of an offense as well as the attempt to commit it:
2. In some cases where attempts are treated as separate offenses such as the attempt to commit murder, culpable homicide, suicide, and robbery.

Accomplishment: The last stage in the commission of an offense is its successful completion. If the accused becomes successful in his attempt to commit the crime, he will be guilty of the complete offense. Moreover, if his attempt is unsuccessful he will be guilty of his attempt.

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