To understand various stages of crime we have to understand- what is an
offence?Offence under IPC
The word offence is derived from a latin word offendere
offences set out in the Indian penal code have a guilty intention or knowledge
as an essential element word use like dishonestly fraudulently , voluntarily ,
intentionally etc. in the various sections of the code incorporate the principal
that there must be a guilty mind to constitute the crime but only act is not
offence , have to pass from different stage .
The meaning of the offence as given to it by the various justice:
According to blackton:
Crime is violation of public rights and justice due to the whole community
considered as a community.
According to section 3(38) of general clause act, offence shall mean any act or
omission made punishable by any law for the time being of force.
Essential of crime:
Having gone through the above definition it is clear that chief element of crime
- A man is under a legal obligation to act in one way.
- That man has an ill motive. And he act in furtherance thereof.
- The act result in injury to another man or society.
Stage of crime
In Indian penal code these attempts are separately punishable
- Section 307 of IPC
- Section 308 of IPC
- Section 309 of IPC
- Intention to commit crime:
mere intention to commit crime not followed by
an act, dose not, constitute an offence the will is not to be taken for the
dead ,unless there is some external act which shows that progress has been
made in that direction. When a man voluntarily dose an act knowing act the
time that in the natural course of event a certain results will follow, he
intends to bring about that result.
- Preparation to commit crime:
preparation consists in devising means for the commission of an offence,
Indian penal code dose not punish acts done in the stage of preparation,
mere preparation is punishable only in two case – namely when the
preparation is to wage was against the state section 122 or to commit dacoity section
- Attempt to commit crime:
the commission of the offence after the preparation are be an act done with
the intention of committing an offence, and for the purpose of committing
- An attempt is possible even when a person intending to pick another’s
pocket , threats his hand into the pocket but finds it empty.
- If the attempt to commit a crime is successful, then the crime itself is
committed, but where the attempt is not followed by the intended
consequence, then section 511 IPC applies.