what are the different stages of crime?
how does preparation differ from an attempt to
commit a crime.
Introduction:
1. A crime is defined as the commission of an act that is prohibited by law, or an
omission of an act that is obligated by the law.
2. In other words, crime may be defined as the disobedience of law.
3. In India, criminal law is governed by both substantive and procedural laws. The
substantive law is currently embodied in the Bharatiya Nyaya Sanhita, 2023, which
was previously known as the Indian Penal Code, 1860. The procedural law is reflected
in the Bharatiya Nagarik Suraksha Sanhita, 2023, which replaces the earlier Code of
Criminal Procedure, 1973 (Cr.P.C.). These laws, along with various judicial
pronouncements, have established that the commission of a crime involves four
distinct stages.
Stages of Crime:
The stages of crime or elements of a crime include intention, preparation, attempt and
accomplishment. The constitution of a crime includes all the elements. Some of these
elements are even punishable before the accomplishment of the crime.
All the stages can be explained further as follows:
1. Intention
Intention is the first stage of crime, where the accused person forms the mental state or
mens rea to commit a particular offence. It involves a conscious decision or desire to
commit the crime, without taking any physical action towards its execution. Intention may
be either general or specific, depending on the nature of the offences.
In the Indian legal system, criminal intent is considered the first stage in committing a crime.
However, it is important to note that individuals are not punished for their evil thoughts or
unlawful intentions under the law. Criminal intent alone cannot be punished until a crime
has been committed with that intent. The concept of criminal intent plays a crucial role in
determining the culpability of an accused person and guiding the appropriate charges and
punishments.
Illustration: For instance, if a person intends to steal a valuable item from a store and plans
to do so by entering the store after hours and breaking the lock, the intention to steal is
formed in the person’s mind even before they take any physical action.
2. Preparation
The preparation stage follows the intention stage and involves taking actions toward the
execution of the intended offenses. In this stage, the accused person makes arrangements,
gathers resources, and plans the details of the crime, but has not yet taken any concrete
steps toward its commission.
Preparation When Punishable
When the offense is regarded as a serious offense, preparation to commit offenses is
penalized under the Bharatiya Nyaya Sanhita, 2023. A few of them are mentioned below:
Warfare preparations against the government (Section 147 of BNS).
Preparing coins or government stamps for counterfeiting (Sections 178 and 181 of BNS).
Having counterfeit money, fraudulent documents, or fake weights and measurements
(Sections180,178).
Making plans to commit dacoity (Section 310 of BNS).
Illustration:
Continuing with the previous example, the person who intends to steal from the
store may start gathering tools or instruments, such as lock-picking tools or a
crowbar, to break the lock. They may also survey the store’s layout, identify the
best time to commit the theft, and plan their escape route.
3. Attempt
An attempt is a direct movement towards the execution of a crime after the preparation of
the plan. According to law, a person is guilty of an attempt to commit an offense if he/she
does an act which is more than simply preparatory to the commission of the offense.
Moreover, a person is guilty of attempting to commit an offense even though the facts are
such that the execution of the offense seems to be impossible.
Illustration: In the previous example, the person who intends to steal from the store may go
to the store after hours, break the lock using the tools they gathered in the preparation
stage, and enter the store with the intent to steal. However, if they are caught by security
personnel or leave the store without actually stealing anything, it would be considered as an
attempt to commit theft.
4. Commission
The commission stage is the final stage of crime, where the accused person successfully
completes the offences by performing all the necessary acts to accomplish the intended
crime. It is the stage where the mens rea (mental state) and actus reus (physical act) of the
accused coincide, resulting in the consummation of the offences.
Illustration:
In the previous example, if the person who intended to steal from the store successfully
breaks the lock, enters the store, and steals a valuable item, it would be considered as the
commission of theft.
The commission of a crime is punishable under the relevant provisions of the BNS or other
applicable laws, depending on the nature of the offences. For example, theft is punishable
under Section 303 of the BNS, which prescribes the punishment for theft as imprisonment
of either description for a term which may extend to three years, or with fine, or with both.
Difference between preparation and attempt
The difference between the preparation and attempt to commit a crime is a crucial one. It
can determine the criminal liability of a person.
The prime difference between the two is the fact that whether the act that has already
been finished during the stages of crime, has an impact on the victim.
If it has an impact, it is considered to be an attempt, otherwise, it is considered to be mere
preparation.
The Courts in various cases have attempted to differentiate between the two through
various tests, which shall be discussed hereunder.
Tests for determining an attempt to commit a crime
Proximity rule – The proximity rule provides that in cases where the accused
accomplishes a series of acts in furtherance of his intention to commit a crime, the
liability shall be decided upon the proximity with the completion of the Act.
Locus Poenitentiae – The doctrine of locus poenitentiae provides that where a person
withholds himself from the actual commission of the crime, it would amount to mere
preparation. The doctrine was propounded after analysing that a person has a
reasonable opportunity to withdraw himself from committing the crime.
Equivocality Test – The equivocality test states that when an act of a person can prove
beyond reasonable doubt the likeliness of committing the crime, it shall constitute as
an attempt to commit the crime rather than mere preparation.
Judicial view:
I. Narayandas vs State of West Bengal
In this case, the accused had undeclared notes sewn in the pants on his trousers and was
discovered by the customs officer. The court held it went beyond the stage of preparation.
The court held that an attempt to take out currency notes is an act punishable under
the Sea Customs Act.
II. Bashirbhai Mohammedbhai vs the State of Bombay
In this case, the accused has a complaint against him which states he was in possession of
duplicate currency notes. These notes were recovered. The court held that the act had gone
beyond the stage of preparation and thus was an attempt towards the commission of an
offence.
Conclusion: The four stages of a crime have been defined and adopted by the judiciary for a
long time now. The classification of these stages is necessary in order to decide the
culpability of a crime at each stage. Generally, the liability arises during an attempt and the
actual commission of the crime, as the courts cannot overlook the legal maxim of locus
poenitentiae. The problem before the courts that arises more than often is the
differentiation between the preparation and the attempt to commit a crime.
