Stages of Crime in IPC

There are four stages of crime in IPC – intention, preparation, attempt, and commission. From the initial intention to commit a crime to the actual commission of the offence and the subsequent post-commission actions, each stage has its own legal provisions under the Indian Penal Code (IPC) and other relevant laws. 

Crime is a complex phenomenon that involves various stages, each with its own distinct characteristics and legal implications. In the Indian legal system, understanding the different stages of crime is crucial in determining the guilt or innocence of an accused person and the appropriate legal action to be taken against them. 

Definition of Stages of Crime in IPC

The stages of crime in the Indian Penal Code, 1860 (IPC) refer to the various phases that a criminal offence goes through, from the initial thought or intention to commit the crime to the actual execution of the offence and the post-commission actions. 

These stages are considered crucial in establishing the culpability of an accused person and determining the appropriate legal consequences for their actions. Understanding the different stages of crime in IPC helps in analyzing the mens rea (mental state) and actus reus (physical act) of the accused, which are essential elements in establishing criminal liability.

Importance of Understanding the Stages of Crime

Understanding the different stages of crime in IPC is crucial in the Indian legal system to establish the culpability of an accused person and determine the appropriate legal consequences for their actions. From the initial intention to the preparation, attempt, and commission of the offences, each stage has its own distinct characteristics and legal provisions. It is important for law enforcement agencies, judicial bodies, and legal professionals to carefully consider and analyze each stage of crime while investigating, prosecuting, and adjudicating criminal cases.

The stages of crime provide a framework for assessing the culpability of the accused and determining the appropriate charges and punishments. The intention and preparation stages involve mental elements, such as intent and planning, which may be established through circumstantial evidence, witness testimonies, or other relevant evidence. 

The attempt stage involves overt acts towards the commission of the offences, which may be assessed based on the proximity to the completion of the crime and the level of danger posed to the victim or society. The commission stage involves the actual completion of the offences, which requires proof of all the necessary elements of the offences beyond a reasonable doubt.

It is important to note that in some cases, an accused person may be charged and convicted for multiple stages of crime in IPC. For example, if a person intends to commit murder, prepares by obtaining a weapon, attempts to shoot the victim but misses, and then successfully shoots and kills the victim, they may be charged and convicted for intention, preparation, attempt, and commission of murder, each with its own legal consequences.

4 Stages of Crime under IPC

The four stages of crime in India are:

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.

Preparation

The preparation stage follows the intention stage and involves taking actions towards the execution of the intended offences. 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 towards its commission.

Preparation When Punishable

When the offence is regarded as a serious offence, preparation to commit offences is penalised under the Indian Penal Code. A few of them are mentioned below:

• Warfare preparations against the government (Section 122 of IPC).
• Preparing coins or government stamps for counterfeiting (Sections 233 to 235, 255, and 257 of IPC).
• Having counterfeit money, fraudulent documents, or fake weights and measurements (Sections 242, 243, 259, 266).
• Making plans to commit dacoity (Section 399 of IPC).

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.

In the preparation stage, certain acts may be punishable under the law, depending on the nature of the offences and the specific provisions of the relevant laws. 

For example, if the preparation involves possession of weapons, tools, or instruments with an intent to commit a crime, it may attract charges under Section 399 and 402 of the IPC, which deal with preparing to commit dacoity (a form of robbery involving violence or threat of violence). Similarly, if the preparation involves forgery or counterfeiting of documents or currency, it may attract charges under Section 464 and 489 of the IPC, respectively.

Attempt

The attempt stage follows the preparation stage and involves taking direct actions towards the commission of the intended offences. It is the stage where the accused person makes a physical or overt act towards the completion of the crime, but the offence is not fully consummated.

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.

Under the IPC, an attempt to commit a crime is punishable under Section 511, which provides for the punishment for attempting to commit an offence punishable with imprisonment for life or with shorter terms. The punishment for the attempt is generally lesser than the punishment for the actual offences, but it varies depending on the nature of the offences and the specific provisions of the law.

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 IPC or other applicable laws, depending on the nature of the offences. For example, theft is punishable under Section 378 of the IPC, 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.

Are Post-Commission Actions Punisable?

After the commission of a crime, the accused person may take certain post-commission actions, such as hiding the stolen goods, disposing of evidence, or attempting to escape from the scene. These actions may also attract legal consequences, depending on the nature of the offences and the specific provisions of the law.

Illustration:

Continuing with the previous example, if the person who committed theft hides the stolen item in their house or sells it to another person, they may be charged with offences such as concealment of stolen property or disposal of stolen property, which are punishable under the relevant provisions of the IPC.

Post-commission actions may be punishable under the relevant provisions of the IPC or other applicable laws, depending on the nature of the offences. For example, Section 411 of the IPC deals with the punishment for dishonestly receiving stolen property, while Section 201 of the IPC deals with the punishment for causing the disappearance of evidence of an offence.

Conclusion

The stages of crime in IPC are intention, preparation, attempt, and commission, play a crucial role in the criminal justice system. These stages help establish the mens rea and actus reus of the accused, determine the level of culpability, and guide the appropriate charges and punishments.