This article has been written by Sulagna Talukdar from Shyambazar Law College, University of Calcutta

Introduction

Crime is considered as social wrong committed by an individual. A crime can be defined as the commission of an act that is prohibited by law, or an omission of an act that is obligated by the law. Crime threatens and harms public welfare and safety. Criminal law defines the acts which are illegal and prohibited by law. Whenever a crime happens intentionally, there is a full-fledged process or stages behind to make it happen.

According to Bentham “ offences are whatever the legislature has prohibited for good or for bad reasons.”

According to Austin “a wrong which is pursued at the discretion of the injured party and his representatives is a civil injury a wrong which is pursued by the sovereign or his subordinates is a crime”.

Elements of Crime

•Human beings – The first element of crime is a human being who- must be under the legal obligation to act in a particular manner and should be a fit subject for awarding appropriate punishment

•Mens rea: Guilty mind – It is the guilty mind required for the commission of an offence. Mens Rea is the evil intention of knowledge to do a wrongful act voluntarily in conscious state of mind.

In Sherras’s case the court held that mens rea is an essential ingredient of crime except in cases not criminal in real sense but which in the public interest are prohibited under a penalty, Public nuisance, and cases criminal in form but which are really only a summary mode of enforcing a civil right. Thus, any crime requires wrong intention or mens rea as its element and no crime can be made without it.

•Actus reus: Illegal act or omission – The third essential element of a crime is actus reus. In other words, some overt act or illegal omission must take place in pursuance of the guilty intention. Actus reus is the manifestation of mens rea in the external world.

•Injury to another human being – According to Section 44 of IPC, “injury” means any harm caused to a person illegally either in mind, body, reputation or property. There can be no crime if no person faces some kind of an injury.^[1]

Stages of crime

There are four stages of crime

•Intention to commit an offence

•Preparation to commit it

•Attempt to commit it

•The commission of the offence^[2]

Intention (The 1^st Stage of crime)

In the Indian legal system, criminal intent is considered the first stage in committing a crime. 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. The concept of criminal intent plays a crucial role in determining the culpability of an accused person and guiding the appropriate charges and punishments. For Example: if B severs the head of A then the intention is clear that B wanted to kill A.

Preparation (The 2^nd Stage of Crime)

Preparation is the second stage amongst the stages of crime. It means to arrange the necessary resources for the execution of the intentional criminal act. Intention and preparation alone are not enough to constitute a crime. Preparation is not punishable because in many cases the prosecution fails to prove that the preparations in the question are for the execution of the particular crime.

Attempt (The 3^rd Stage of Crime)

The third stage Is that of ‘Attempt’. First two stages generally are not punishable but once an act enters into the third stage criminal liability arises. Thus, an attempt to commit a crime forms part of a series of acts. The reason why the first two stages in the series, that of mental determination and that of preparation are not punished is that they are too remote from the completion of the crime whereas the stage of attempt takes the offender very close to successful completion of the crime.

Some of the specific provisions of the Code under which an attempt to commit a crime have been enumerated hereunder:

Section 121 – Attempt to wage a war;

Section 131 – Attempt to seduce a soldier, sailor or airman from his duty;

Section 307 – Attempt to murder;

Section 308 – Attempt to culpable homicide;

Section 309 – Attempt to suicide;

Section 326B – Attempt to throw suicide;

Section 356 – Attempt to commit theft;

Section 357 – Attempt to wrongfully confine a person;

Section 393 – Attempt to commit robbery;

Section 397 – Robbery or dacoity with an attempt to cause death or grievous hurt

Illustration:

A makes an attempt to steal some jewels by breaking open a box, and finds after opening the box, that there is no jewel in it. He has done an act towards the commission of theft, and therefore is guilty under this section.

There are certain tests to determine whether the act in question amounts to attempt:

Proximity Test

Proximity is a linkage between time and action or to the intention. It is applied in the cases of third stage that is of attempt. It primarily focuses on whether a person is ‘dangerously close’ to completing the crime or ‘so near’ to the result that the danger of success is very high.

Locus Poenitentiae

The doctrine of ‘Locus Poenitentiae’ says that when an act is such that there is ample time with the accused to choose whether to commit such crime or not; and it is within the control of that person.

The Intender may change his path or may fear the consequences, if the act is in control of the intended to not to commit the offence, then it is said to be mere preparation and not an attempt. Hence, it is not punishable under penal law.

Equivocality Test

This test is a combination of the above two tests. This test requires the unequivocal intention through the act done which is considered to be fulfilled beyond a reasonable doubt that the end is towards the crime intended.^[3]

Commission of Crime or Accomplishment ( The 4^th Stage of Crime)

Committing the crime is the final step in the process. If the accused succeeds in his attempt, he commits a crime and will be guilty of it. If he fails, he will only be charged with attempting. If the crime is complete, the offender will be tried and punished as per the specific provisions provided in the Indian Penal Code.

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

•State of Madhya Pradesh v. Narayan Singh (1989)

In this case, the Hon’ble Supreme Court held that the commission of an offence involves four stages; i.e. intention, preparation, attempt and commission. The first two stages of these offences would not attract culpability, however, the last two stages would attract it. In this case, the respondents were trying to export fertilisers without a permit from Madhya Pradesh to Maharashtra. Hence, the act was considered to be an attempt of the offence rather than just preparation.

•Satvir Singh v. State of Punjab (2001)

In this case, the appellants were accused of abetting an attempt to commit suicide, which was done by the wife of the primary appellant. The issue before the court was whether it was whether, in an episode of an attempt to suicide made by a person due to harassment by another, the person harassing such person shall be liable for an attempt to abet the commission of suicide. The Court answered in negative, stating that an attempt to abet shall only be punishable if the said offence has been committed, hence providing successful abetment. In case the said offence has not been committed, the abettor shall not be held liable.

•Asgarali Pradhania v. Emperor (1933)

In this case, the Calcutta High Court, while distinguishing between an attempt to commit an offence and its preparation, was of the opinion that not every act done by the accused can constitute an attempt to commit the said offence. The facts of the case included the accusation of an attempt to cause a miscarriage of his ex-wife. The Court held that if the accused, with an intention to administer a drug which shall cause a miscarriage, administers any harmless substance instead, he shall not be liable for the attempt to cause miscarriage. However, if the failure of the accused is caused by someone else, it shall result in the contrary.^[4]

Conclusion

Actus reus and Mens rea both play a significant role in an offence. The stages of crime or elements of a crime include intention, preparation, attempt and accomplishment. The classification of these stages is necessary to decide the culpability of a crime at each stage. The attempt shall not be considered only as the penultimate act of the crime. Rather, a series of acts shall constitute an attempt to commit the crime and the differentiation between preparation and attempt shall depend on the facts and circumstances of each case. The problem before the courts that arises more than often is the differentiation between the preparation and the attempt to commit a crime. Various cases have been adjudicated by the courts wherein an attempt has been made to distinguish the thin line between an attempt and preparation of a crime. The courts have been of the view that an attempt shall not be considered only as the penultimate act of the crime. Rather, a series of acts shall constitute an attempt to commit the crime and the differentiation between preparation and attempt shall depend on the facts and circumstances of each case.

References

1. K.A Pandey, Indian Penal Code(EBC Reader 2017) ↑
2. Drishti Judiciary, www.drishtijudiciary.com/tt, (23^rd December, 2023) ↑
3. Aishwarya Sandeep, Stages of crime under IPC, aishwaryasandeep.in, (23^rd December, 10am), aishwaryasandeep.in/stages↑
4. Indiankanoon.org, indiankanoon.org/doc/1220907/ , (23^rd December) ↑