STAGES OF CRIME
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PREPARATION
The stages of crime under the Indian Penal Code (IPC) and the Bhartiya Nyaya
Sanhita Act (BNS) involve a progression from the mental intention to the actual
commission of the crime. Both codes recognize four main stages: intention,
preparation, attempt, and commission. Below is a detailed explanation of these
stages, with relevant sections and case laws.
Stages of Crime Under the Indian Penal Code (IPC)
1. Intention (Mens Rea):
Description: The initial stage where the individual forms the intention to
commit a crime. This is a purely mental stage and does not involve any
external act.
Relevant Sections: Intention is an implicit part of many sections in the
IPC, though it is not independently punishable.
Case Law: Nathulal v. State of Madhya Pradesh (1966 AIR 43, 1966 SCR (1)
741) – The Supreme Court emphasized that the presence of mens rea
(guilty intention) is essential for the commission of a crime.
2. Preparation:
Description: This stage involves arranging the means and methods to
commit the intended crime. Generally, mere preparation is not
punishable unless it involves certain offenses.
Relevant Sections:
Section 122: Collecting arms, etc., with intention of waging
war against the Government of India.
Section 399: Making preparation to commit dacoity.
Case Law: Ram Narain Poply v. CBI (2003 (3) SCC 641) – The Supreme
Court held that preparation alone does not constitute an offense unless
specified by law.
3. Attempt:
Description: An attempt involves direct action towards the commission
of a crime after the preparation stage. An attempt is punishable even if
the crime is not completed.
Relevant Sections:
Section 511: Punishment for attempting to commit offenses
punishable with imprisonment for life or other
imprisonment.
Case Law: Abhayanand Mishra v. State of Bihar (1961 AIR 1698, 1962 SCR
(2) 241) – The Supreme Court defined an attempt as the direct
movement towards the commission of a crime after the preparations
have been made.
4. Commission:
Description: The final stage is the actual execution of the criminal act.
Once the crime is committed, the individual is liable for punishment as
per the specific provisions of the IPC.
Relevant Sections: Various sections deal with specific crimes, such as:
Section 302: Punishment for murder.
Section 375: Rape.
Section 379: Theft.
Case Law: State of Maharashtra v. Mohd. Yakub (1980 AIR 1111, 1980 SCR
(2) 1158) – The Supreme Court dealt with the commission of offenses
and highlighted the different stages leading to the commission.
Stages of Crime Under the Bhartiya Nyaya Sanhita Act (BNS)
The Bhartiya Nyaya Sanhita Act, 2023 aims to replace the IPC with modernized
provisions. While it recognizes similar stages of crime, specific sections might
differ. The stages are as follows:
1. Intention (Mens Rea):
Description: Similar to the IPC, the intention or mental element is
crucial. It forms the basis of the crime but is not punishable in isolation.
Relevant Sections: Not specified independently but implied in various
sections.
Case Law: The principles established in case laws under the IPC, such
as Nathulal v. State of Madhya Pradesh, are likely to be applicable until
new precedents are set.
2. Preparation:
1.
Description: The stage involving the planning and arranging of means to
commit a crime. Certain preparations are punishable if they relate to
specific offenses.
Relevant Sections: Specific sections analogous to those in the IPC
would cover punishable preparations.
Case Law: Precedents under the IPC, such as Ram Narain Poply v. CBI,
would inform the understanding of preparation under the BNS.
3. Attempt:
1.
Description: Direct actions towards the commission of a crime after
preparation. An attempt is punishable even if the crime is not
completed.
Relevant Sections: Sections analogous to Section 511 of the IPC.
Case Law: Abhayanand Mishra v. State of Bihar principles would apply,
emphasizing the direct movement towards committing a crime.
4. Commission:
1.
Description: The actual execution of the criminal act, makes the
individual liable for punishment under specific sections.
Relevant Sections: Various sections corresponding to specific offenses.
Case Law: Principles from IPC cases, such as State of Maharashtra v.
Mohd. Yakub, would guide the understanding until new case laws are
established.
Key Differences and Similarities
Intention: Both IPC and BNS recognize intention as the starting point of
a crime, though not independently punishable.
Preparation: Generally not punishable except for specific cases.
Attempt: Punishable under both codes, recognizing the significance of
actions towards committing a crime.
Commission: Punished according to specific provisions for various
offenses.
The IPC has a well-established body of case law that will inform the
interpretation and application of the BNS until new precedents are set by the
judiciary.
Conclusion:
Both the IPC and the BNS recognize these stages, although specific sections and
provisions may differ. The IPC has a rich body of case law that provides detailed
interpretation and guidance for understanding these stages. Key cases such
as Nathulal v. State of Madhya Pradesh, Ram Narain Poply v. CBI, Abhayanand
Mishra v. State of Bihar, and State of Maharashtra v. Mohd. Yakub illustrate the
application of these stages in legal proceedings.
As the BNS is a recent development aimed at modernizing penal laws, it is
expected that principles established under the IPC will continue to influence its
interpretation until new case laws are established. Legal professionals and
scholars must stay updated with evolving case laws and statutory amendments
to effectively navigate and apply these legal frameworks.
In conclusion, while both the IPC and BNS provide a structured approach to
criminal liability through defined stages, the rich jurisprudence under the IPC
will serve as a critical reference point for the practical application of the BNS,
ensuring continuity and clarity in the Indian criminal justice system.
