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. Human Being- The first element requires that the wrongful act
must be committed by a human being. In ancient times, when criminal law was largely
dominated by the idea of retribution, punishments were inflicted on animals also for the injury
caused by them, for example, a pig was burnt in Paris for having devoured a child, a horse was
killed for having kicked a man. But now, if an animal causes an injury we hold not the animal
liable but its owner liable for such injury .

There are the four stages in commission of the crime.

 Intention
 Preparation
 Implementation
 Accomplishment

-DEFINITION OF CRIME-

The concept of crime involves the idea of a public as opposed to a private wrong with the
consequent intervention between the criminal and injured party by an agency representing the
community as whole. Crime is thus the international commission of an act deemed socially
harmful; or dangerous and the reason for making any given act a crime is the public injury that
would result from its frequent participation. The society therefore takes steps for its preventation
by prescribing specific punishments for each crime.
1. The word ‘crime’ is of origin ‘Crimean’ which means ‘charge’ or ‘offence’ Crime is a social
fact.

2. The Waverly Encyclopedia defines it as, “An act forbidden by law and for performing which
the perpetrator is liable to punishment”.

3. James Anthony Froude (1818-94) wrote, “Crime is not punished as offence against God, but
as prejudicial to society”.

4. Sir John Hare (1844 - 1921) Explains, “Crimes sometimes shock us too much: Vices always
too little”.

5. Dr. Gillian J.L. points out, “More important is the feeling of danger to ourselves and our
property than the criminal–induces”. (Gillian, J.L Criminology and penology (1945)

The various stages of a crime are as under:-

 Intention
 Preparation
 Attempt
 Commission

Now let us examine these stages closely and unpack the fundamental concepts behind them.

INTENTION

The intention is the first and initial stage in the commission of a crime and this stage has not
been penalized under the Indian Penal Code (hereinafter referred to as IPC). Actus non facitreum
nisi mens sit rea is a latin maxim which translates into ‘an act does not make a defendant guilty
without a guilty mind’.
It translates into that ‘an act does not itself become guilty’. Actus Reus is the physical act which
a person does and mens rea is the ‘guilty mind’ with which a crime is committed.

It is pertinent to note that an act which is not preceded with an evil intention is not punishable. It
is important that Mens rea is present in a particular act, meaning thereby that an act will only be
termed as a crime if there is an evil intention to do wrong. The mere act without the evil intention
is not punishable.

The liability to conviction of an individual depends not only on his having done some outward
acts which the law forbids, but on his having done them in a certain frame of mind or with a
certain will. It is the combination of the act and the intent which makes a crime.

The intent and the act both must concur to constitute a crime.

The concept of Mens Rea includes within its ambit intention, knowledge, motive, recklessness
and negligence.

 Intention: Intention is the will of a person which is directed towards an overt act. Eg.,
if B severs the head of A then the intention is clear that B wanted to kill A.

 Motive: Motive is the ulterior object of the person with which he does an act. Eg., if a
person kills another man for stealing his brand new iphone, then the motive of the
person was to get the iphone.

 Knowledge: An intention to commit an offence may be inferred from knowledge. Eg:-

A wanted to Kill Z. Z was suffering from acute Asthma and A knew that Z required
his inhaler. A hid Z’s inhaler to kill him.
In this case A had knowledge about the medical condition of Z.

 
  Recklessness: is the state of mind of a person who foresees the possible conduct of his
act but yet fails to keep in mind the danger associated with his act.

 Negligence:  is an omission of an act or duty to take care. In criminal law unlike torts,
negligence is not the basis of liability in general. It is only in a few cases that the IPC
fixes criminal liability.

PREPARATION-

The second stage is termed as preparation. It is at this stage that the person prepares or does acts
which will help him in committing the criminal act. It needs to be kept in mind that the criminal
act has not been committed yet and therefore this stage is not punishable.

However there are certain acts which the IPC criminalizes even at the preparation stage.  These
acts are:-

Waging war against the Government of India (Sec.122)-

 Sec 122. This section criminalizes the acts of a person when he or she is involved in
collecting arms and ammunition with an intention to wage a war against the State i.e.,
the Government of India.
 This act has been punished with an imprisonment upto life or for a term not exceeding
ten years. A person found guilty of this offence shall also be liable to pay fine.

 
Committing  depredation on the areas of any country which is at peace with
the government of India (Sec. 126);

 Sec 126: This section criminalizes the acts of a person when he or she commits acts
such as plundering or attacking any country or nation which is at peace with the Indian
State.
 The code has penalized this act with the punishment of imprisonment up to seven years
and the person doing such an act shall also be liable for fine.
 The penal provision does not stop there; the punishment also includes the forfeiture of
any property that was used during the commission of this offence or was even intended
to be used for the commission of this offence.

To commit dacoity (Sec 399).

 Sec 399. Making preparation to commit dacoity: Whoever makes any preparation for
committing dacoity, shall be punished with rigorous imprisonment for a term which
may extend to ten years, and shall also be liable to fine.

ATTEMPT-

An attempt is the direct movement towards the commission of an offence after the preparations
has been made. An attempt creates an alarm and the moral guilt of the offender is the same as
though he had succeeded.

 
Criminal law takes notice of attempts to commit punishable wrongs and punishes them according
to the nature and gravity of the offence attempted. Although IPC has not defined attempt
anywhere in the IPC it has dealt with attempt in various sections such as:

 Sec 511. This section spells out the imprisonment which is to be imposed on an

individual if he or she is found attempting to commit an offence.

It needs to be noted that this particular section is a general section. The IPC has included within
its ambit, sections which criminalize and offence and also gives the punishment for the attempts
in those particular sections or chapters.

But there are certain offences whose punishment is not given specifically by the IPC. This
section fills that void and covers up for such offences by prescribing a punishment in sec 511.

The section imposes a punishment of description which is provided for that particular offense
and the maximum would be half of the imprisonment for life or half of the longest period of
imprisonment which is prescribed for that offence. A person may also be fined for such an
attempt.

Sections where the commission and the attempt to commit are dealt with in the same section:

 Sec 196: Using false evidence;

 Sec 197: Using false certificate;
  Sec 213: Obstruction by a person to his lawful apprehension;
 Sec 224: Resistance or obstruction to lawful apprehension of another person;
 Sec 239: Delivery if coin as genuine, which when first possessed the deliverer did not
know to be counterfeit;
 Sec 250: Delivery of coin possessed with knowledge that it is altered;

 Sec 385: Putting person in fear of injury in order to commit extortion;

 Sec 387: Putting person in fear of death or grievous hurt in order to commit extortion;
 Sec 389: Putting person in fear of accusation of offence in order to commit extortion;
 Sec 391: Dacoity.

In the case of three grave offense, separate specific punishments are

prescribed in a separate section:

 Sec 307: Punishes attempt to commit murder;

 Sec 308: Punishes attempt to commit culpable homicide;
 Sec 309: Punishes attempt to commit suicide;
 Sec 393: Punishes attempt to commit robbery.

COMMISSION-
It is the last stage of the commission of a crime. This is the stage where the offender has crossed
all the three initial stages i.e., intention, preparation, and attempt. At this stage, the person
completes the actus reus. The act would also include omission.

 Sec 32: Words referring to acts include illegal omissions: In every part of this Code,
except where a contrary intention appears from the context, words which refer to acts
done extend also to illegal omissions.

 Sec 33: “Act”. “Omission”: The word “act” denotes as well as a series of acts as a
single act whereas the word “omission” denotes as well a series of omissions as a
single omission.

 Sec 44: “Injury”: The word “injury” denotes any harm whatever illegally caused to any
person, in body, mind, reputation or property.


CASE LAWS-

 In Sagayam v. State of Kerala 2000 4 SCC 454,   the Apex court set aside the
conviction of the accused who was charged with sections under the IPC and TADA.
The prosecution failed to establish that the accused had committed an offence under
sec 307 of the IPC and TADA.
 The court while giving its verdict reiterated that there are different stages in a crime.
The court clearly spelled out that the first stage is the very intention to commit a crime.
 The first stage is followed by the second stage of preparation and the third stage is the
attempt to commit the offence. It was held by the court that if the third stage fails, then
the crime is not complete, however the same is punishable under the IPC.
  It was held that an attempt must be distinguished from the intention to commit it and
the preparation for the commission of the crime.

 The question of intention and motive was dealt with the case of Atley v. State of U.P,
AIR 1955 SC 807 wherein the Hon’ble Supreme Court held that it is not necessary to
prove as to what motivated the act. The commission of the act needs to be proved and
the motive is immaterial.

 In the case of Aman Kumar v State of Haryana, 2004 (4) SCC 379 the Supreme Court
observed that an attempt is made punishable because it creates alarm in the minds and
the moral guilt of the person omitting an act is the same had he succeeded in his
actions.

 In the case of Ravule Hariprasada Rao v State, (1951) SCR 322, it was held that a
person should not be held guilty of an offence if there was no guilty mind to commit
the offence.

 In the case of Kartar Singh v State of Punjab,  1994 (3) SCC 569, it was held that the
doctrine of mens rea must be read as a part of the statute unless and until it has been
specifically ruled out of the statute by words or by necessary implications.

 
CONCLUSION

Thus it can be concluded that a crime is not just an act or omission which is a standalone act but
there are several stages which are involved in the commission of an offense. Law does not
criminalize all the stages of the crime but it punishes when the offense is complete.

We have already seen the exceptions where certain acts become offenses and are punishable
under the Indian Penal Code. One needs to keep in mind the thin differences between the
concepts of preparation and attempt, knowledge and intention etc.

The intention is very important in seeing that whether a crime has been committed or not and one
can obviously never ignore the actus reus, but actus reus without the mens rea is not punishable
and will not constitute a crime unless the act falls in the exceptions discussed above.