Stages of the crime

in #law6 years ago

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STAGES OF THE CRIME

4 Stages

*intention to commit the offence
*preparation to commit the offence
*attempt to commit the offence
*completed offence

INTENTION TO COMMIT THE OFFENCE

Intention of a person is in his own mind. A man cannot be punished for having destructive and criminal thoughts, howsoever they may be criminal. Intention is the result of working of the brain. The intention of a person can be gathered from the words user or the acts done by that person. Every sane person of the age of discretion is persumed to intend the nature, rational and probable consequences of his own acts.
In the criminal law, it is the general principle of "MENS REA" (ill intention), i.e., to involve guilty, the accused must have done or omitted something contrary to the law, with intention also contrary to law. The mere existence of the intention without commission of the act or the commission of the act without the intent, doesnot, as a general rule, constitute crime.

PREPARATION TO COMMIT THE OFFENCE

A, a person intends to murder B. For the purpose, A procures poison,i.e., he is preparing to commit an offence. At this stage, the law does not punish him. Because, A's act is not sufficient to the prosecution to prove A's intention and preparation, and to make him guity punishable.

ATTEMPT TO COMMIT AN OFFENCE

Meaning = ATTEMPT. (n.) = To make an effort to effect some objects; to make a trial or experiment; to endeavour; to use exertion for some purpose; to make an effort or endeavour or an attack;an effort or endeavour to effect the accomplishment of an act; an intention to do a thing combined with an act which falls short of the thing intended. "ATTEMPT TO COMMIT AN OFFENCE" is also known as the "INCHOATE OFFENCE".
inchoate. (adj.) = begun, not nearly complete; formless.

COMPLETED OFFENCE

It defines that the execution of an offence completed.

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