Monday, November 7, 2022

Explain the different stages of crime.

Explain the different stages of crime.


Commission of a crime  involves 4 stages  namely.


1. Intention or contemplation.

2. Preparation. 

3. Implementation.

4. Attempt.

5. Accomplishment.


 Intention or contemplation


 IT is the first stage in the commission of an offence.   It is very difficult for the prosecution to prove the guilty intention of a person to commit an offence. Intention to commit crime is not punishable unless it is made known to other  by words or conduct. In Indian law mere intention to commit a crime is not a crime is Is not punishable however law takes notice of such intention.


Preparation


 it is a second stage of commission of crime repression means to arrange the means or measures necessary for Commission or intended criminal act.  it is very difficult for the prosecution to prove that necessary preparation has been made for the commission of the offence.


 Example -  “A”  purchase a pistol and got it loaded and keeps the same in his pocket in order to kill “B” .  But it is not possible to prove that “A’  is carrying the  loaded  is told to kill


 mere preparation is punishable under IPC in respect of the following offences.

Waging war -  preparation to commit dacoity -  operation for counterfeiting coins and government stamp processing counterfeit coins fake weights and measurements forged documents etc.


 Implementation


This is the third stage of commission of crime to implement means to carry out. It is the process of turning action plans that must follow any Preliminary thinking in order for something to actually happen or providing a practical means for accomplishing something.

Attempt


 It is The Fourth Stage for Commission Of Crime. It is also known as preliminary crime/ inchoate  crime.


 to constitute attempt the following Essentials are to be satisfied


- Guilty intention to commit an offence .

- Some act done towards the commitment of the crime .

- That must fall short of the  completed offences.


Accomplishment


The last stage in the commission of crime is accomplishment. If the accused succeeds in this attempt is guilty of the offence.  in other words the act is accomplished otherwise is guilty of attempt only.


 Example- A  fires at B with an intention to kill him if B dies A  guilty of Murder. If B is  injured A  a is guilty of attempt to murder.


 Possible Parties to the crime


  1.  Principle of first degree.

  2.  Principle of second degree.

  3.  Accessories before the fact.

  4.  Accessories  after the fact.


 Principle of first degree.


  the person who actually commits or participate in the commission of crime he is the person by  whom the act is done.  he commit the crime with his  own hands.  if the crime is committed true and innocent agent, then the person who instigates the friends is an offender.


Principle of second degree.


 a person who aids for abets another in a commission of a crime is called principle of second degree.  he is a person who is the principal of  finest degree during the commission of the crime. he may not be physically present at the location of the crime.

 accessory before the fact.


 accessory means contributing something in subordinate degree to the commission of an offence. a person who is not actually or constructive represent but contributes as an assistant or instigator to the commission of an offence is called accessory before the fact.


 accessory after the fact.


 he is a person who assists  the criminal with a view to save him,  in other words A person who receives or protects or maintains a known criminal or helps the criminal to escape after the crime is their accessory after the crime.

No comments:

Post a Comment