The performance of an act that is forbidden by law or the failure to perform an act that is required by law is referred to as a crime. Stated differently, one definition of crime is the disobedience of the law. The fact that a crime impacts the public interest rather than a single person’s rights, which are the domain of civil law, is another significant feature of crime.
Both substantive and procedural law govern the administration of criminal justice in India. The Code of Criminal Procedure of 1973 (CrPC) is a procedural law, whereas the Indian Penal Code, of 1860 (the Code) is a substantive law. These laws indicate, both explicitly and through a number of incidents, that there are four steps involved in committing a crime.
what is crime in ipc?
- An Indian Penal Code infringement is called “crime”. It is an act that is illegal because it harms the public. The act in question is considered by the law to be detrimental to society as a whole, even when the victim is a single person.
stages of crime in ipc: Importance
- The IPC’s crime phases are important because they help define the type and extent of criminal responsibility associated with a particular offence. Every stage denotes a distinct degree of criminal intent or behaviour, and every stage is subject to distinct legal ramifications and penalties under the law. Judges, defense lawyers, prosecutors, and other legal experts working in the criminal justice system need to be aware of the different phases of a crime.
- Determining the criminal intent of the accused is also aided by the stages of a crime. In court, the accused’s guilt can be established by demonstrating their preparation for and effort at committing the crime, in addition to their desire to conduct it. The law acknowledges that an individual who has developed the desire to commit a crime but has not yet done so poses a risk to the community and must be held responsible for their deeds.
- In addition, the phases of a crime help differentiate between various intensities of a certain offense. For instance, since actual murder inflicts more damage on society, attempting to commit murder can carry a lesser sentence than murder itself. The penalty at each step of the crime reflects the legal recognition that committing a crime is a more serious offense than planning to commit one.
What are the Stages of Crime?
According to the IPC, there are 4 stages of crime. They are as follows:
The Stage of “Intention”:
- Criminal intent is regarded as the initial step in committing a crime in the Indian legal system.
- It is crucial to remember that people are not penalized by the law for having bad intentions or bad thoughts.
- Prior to a crime being committed with that aim, criminal intent alone cannot be punished.
- When assessing an accused person’s guilt and determining the proper charges and penalties, the idea of criminal intent is essential.
The Stage of “Preparation”:
- Following the intention stage, the preparation stage entails taking steps to carry out the intended offenses.
- At this point, the accused individual has not yet taken any actual action toward committing the crime, but they have made plans, gathered materials, and planned the specifics.
The Stage of “Attempt”:
- When someone moves closer to committing the crime, it’s called an effort at criminality.
- A number of things could go wrong with the attempt, such as the target being caught, the target changing their mind, or something else happening.
The Stage of “Commission”:
- The accused individual successfully completes the offenses by carrying out all the required actions to carry out the intended crime at the commission stage, which is the last stage of the criminal process.
- It is the point at which the accused’s actus reus (physical act) and mens rea (mental state) converge, fulfilling the offenses.
stages of crime in ipc with case laws
- In the case of the State of Madhya Pradesh v Narayan Singh, according to the Honorable Supreme Court, there are four steps involved in committing an offence: intention, preparation, attempt, and commission. The last two phases of these offenses would result in guilt, but the first two would not. In this instance, the responders attempted to export fertilizers from Madhya Pradesh to Maharashtra without authorization. As a result, the conduct was interpreted as an effort at crime rather than merely preparation.
- In the case of Satvir Singh v State of Punjab, the principal appellant’s wife attempted suicide, and the appellants were accused of encouraging her to do so. The question on the table for the court to decide was whether the person bothering the victim of a suicide attempt would be held accountable for helping the victim carry out the act. The Court provided a negative response, indicating that successful abetment would only be considered punishable if the relevant offense had been committed. The encourager will not be held accountable if the offense in question has not been committed.
The criminal justice system heavily relies on the four stages of crime listed in the Indian Penal Code: purpose, preparation, attempt, and commission. These phases assist in establishing the accused’s mens rea and actus reus, assessing their degree of guilt, and directing the proper charges and penalties.