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STAGES IN THE COMMISSION OF CRIME

        

QUESTION BANK

Q.1. Explain the different stages in the commission of crime. Which of these stages are punishable?

Q.2.    Explain the provision relating to “attempt to commit an offence”.

Q.3    What is difference between an intention to commit an offence and the attempt?     

Q.4    What are the stages of crime? Explain in detail attempt.

SHORT NOTES

1. Attempt

1. Preparation

1. Preparation and attempt stages in the commission of crime

4. Attempt to commit an offence

SYNOPSIS

I. INTRODUCTION-    

II. THE FOUR STAGES OF CRIME.

A. Stage 1: Contemplation or Intention-

1. Definition-    

2. The General Rule of Non-Punishability    

3. Policy Reasons for Non-Punishability-

4. Exceptions    

B. Stage 2: Preparation

1. Definition    

2. The General Rule of Non-Punishability-

3. Policy Reasons for Non-Punishability-

4. Exceptional Preparations Punished by Law-    

C. Stage 3: Attempt-

1. Definition-    

2. Essential Ingredients of Attempt-    

3. Statutory Classification of Attempt under Indian Law-    

i. Same Section, Same Punishment:    

ii. Separate Section, Different Punishment:    

iii. General / Residuary Provision (BNS Section 62 / IPC Section 511):    

D. Tests of Separation Between “Preparation” and “Attempt”-    

1. The Proximity Test-    

2. The Equivocality Test (The "Silent Movie" Test)-    

3. The Social Danger Test-    

4. The Impossibility Test-    

E. Stage 4: Actual Commission-

1. Definition-    

2. Punishability-    

PART III: COMPARATIVE ANALYSES-

A. Tabular Comparison: Preparation vs. Attempt

B. Tabular Comparison: Intention vs. Attempt

I. INTRODUCTION-

    An offense does not occur in a vacuum; it is the culmination of a chronological process. Except in cases of sudden provocation or acts done on the "spur of the moment" (where contemplation is instantaneous), a crime typically progresses through distinct phases.To establish criminal liability, jurisprudence relies on the maxim: "Actus non facit reum nisi mens sit rea" (An act itself does not make a person guilty unless their mind is also guilty).To understand how liability attaches as an individual moves from purely evil thoughts to an executed physical act, we must break down the four developmental stages of a crime.

II. THE FOUR STAGES OF CRIME.

A. Stage 1: Contemplation or Intention-

1. Definition-

    Contemplation is the subjective mental stage. It represents the origin of a crime—the moment a person conceives the idea, desire, or objective of committing an unlawful act.

2. The General Rule of Non-Punishability

    Mere intention to commit a crime, unaccompanied by any physical manifestation or overt act, is not punishable under law.

As Lord Mansfield observed: "So long as an act rests in bare intention, it is not punishable." The foundational reason for this rule was colorfully summarized by Chief Justice Brian in the 15th century: "The thought of man is not triable, for the devil himself knows not the thought of man."

3. Policy Reasons for Non-Punishability-

Impossibility of Proof: Courts cannot peer into a human mind. Until an intention is externalized, it is impossible to prove beyond a reasonable doubt.

Absence of Harm: A silent, internal thought causes no objective harm, alarm, or danger to society.

Locus Poenitentiae: The law allows individuals the freedom to think, choose, and ultimately discard bad thoughts before they harm others.

4. Exceptions

    Where an intention is externalized in a manner that creates an immediate, severe threat to public order, the law punishes it even before preparation occurs:

Criminal Intimidation (Section 351 of BNS / Section 503 of IPC): Punishes the vocalized expression of an intent to cause injury to another person, their reputation, or property, with the intent to cause alarm.

Criminal Conspiracy (Section 61 of BNS / Section 120A of IPC): The mere agreement between two or more persons to commit an illegal act is punishable, even before any step is taken to execute it. Here, the agreement itself is the overt act.

B. Stage 2: Preparation

1. Definition

    Preparation involves devising, arranging, or gathering the means, measures, instruments, or plans necessary to execute the intended crime. Examples include purchasing a weapon, buying poison, or sketching a map of a target bank.

2. The General Rule of Non-Punishability-

    Generally, preparation to commit an offense is not punishable.

3. Policy Reasons for Non-Punishability-

Ambiguity of Actions: Preparatory acts are often innocuous on their face. Buying a kitchen knife, purchasing arsenic (for pests), or walking near a bank are all legally neutral acts. It is exceptionally difficult for the prosecution to prove that these acts were exclusively performed for a criminal end.

Opportunity for Repentance (Locus Poenitentiae): A person who has bought a weapon or mixed poison may still experience a change of heart, repent, and abandon their criminal plan before taking the final, dangerous step. The law preserves this exit ramp by refusing to punish preparation.

4. Exceptional Preparations Punished by Law-

    Due to the extreme gravity of certain offenses, the potential for catastrophic public harm, or the unambiguous nature of specific preparatory acts, the law criminalizes preparation in a few select cases.

Offense	Provision under BNS (2023)	Provision under IPC (1860)	Legal Rationale / Nature of the Offense
Waging War against Govt.	Section 149	Section 122	High treason; poses an existential threat to the state and public security.
Depredation on Friendly Territories	Section 154	Section 126	Prevents individuals from breaking international peace and dragging the country into war.
Counterfeiting Currency & Stamps	Section 181	Sections 233, 235, 255	Possession of specialized machinery/dies clearly indicates a criminal design that threatens the economic stability of the nation.
Dacoity / Armed Robbery	Section 310(4)	Section 399	Dacoity (robbery by 5 or more persons) is inherently violent and terrorizes communities; assembly and preparation are punished early to prevent execution.

C. Stage 3: Attempt-

1. Definition-

    An attempt is an overt, direct movement toward the commission of an offense after the preparatory stages are complete. It represents a point of no return where the actor has set the criminal machinery in motion, and the crime would have been completed but for some external interruption or failure.

    Sir James Fitzjames Stephen defined an attempt as: "An act done with intent to commit a crime, and forming part of a series of acts which would constitute its actual commission if it were not interrupted."

2. Essential Ingredients of Attempt-

    To establish a criminal attempt, the prosecution must prove three cumulative elements:

i. Guilty Intention (Mens Rea): The specific intent to commit the completed offense.

ii. Overt Act (Actus Reus): A physical step taken toward executing that intent. This step must go beyond mere preparation and be directly connected to the execution of the crime.

iii. Failure to Consummate: The intended crime was not completed, either because of interruption by a third party, intervention by law enforcement, or unexpected structural/physical failure.

3. Statutory Classification of Attempt under Indian Law-

    Both the Indian Penal Code and the Bharatiya Nyaya Sanhita classify and punish attempts using a tripartite approach:

i. Same Section, Same Punishment:

    The attempt is legally integrated into the definition of the completed offense, carrying the exact same penalty.

Examples: Waging or attempting to wage war (BNS Sec 147 / IPC Sec 121); assaulting or attempting to assault the President or Governor (BNS Sec 151 / IPC Sec 124).

ii. Separate Section, Different Punishment:

    The attempt is treated as a distinct, specialized offense with its own dedicated section and customized, often lesser penalty.

Examples:

(1) Attempt to commit Murder: BNS Section 109 (formerly IPC Section 307).

(2) Attempt to commit Culpable Homicide: BNS Section 110 (formerly IPC Section 308).

(3) Attempt to commit Robbery: BNS Section 309(5) (formerly IPC Section 393).

(4) Attempt to commit Suicide: BNS Section 226 (formerly IPC Section 309) [Note: BNS narrows this to attempts made with the intent to prevent a public servant from discharging their duty].

iii. General / Residuary Provision (BNS Section 62 / IPC Section 511):

    For all offenses where the code does not explicitly provide a specific section for the "attempt", this general residuary section applies. It provides that the offender shall be punished with one-half of the longest term of imprisonment provided for that offense, or with fine, or both.

Example: Attempting to commit theft. Since there is no specific section for "attempted theft," it is punished under Section 62 of BNS / Section 511 of IPC read with the section for theft.

D. Tests of Separation Between “Preparation” and “Attempt”-

    Because the transition from preparation to attempt is fluid, courts have developed several standard legal tests to determine exactly when a non-punishable preparatory act crosses the line to become a punishable criminal attempt.

1. The Proximity Test-

    This test focuses on how close the defendant's acts were to completing the crime, both in terms of time, location, and physical action. The act must not be remote; it must be the proximate or immediate step leading directly to the offense.

Example: A buys a gun and loads it, intending to kill B. This is mere preparation. A hunts for B, spots him, aims the gun at B's chest, and pulls the trigger, but the gun misfires. This is proximate and constitutes an attempt.

R. v. Nidha

Facts: The accused, Nidha, fired a pistol at a police officer who was attempting to arrest him. Nidha pulled the trigger; the ignition cap exploded, but the main powder failed to catch, and the bullet was not discharged.

Held: The court ruled that Nidha's actions went far beyond preparation. Pulling the trigger was the final, proximate physical act required of him to commit murder. The failure was entirely due to a mechanical defect. He was convicted of attempt to murder.

2. The Equivocality Test (The "Silent Movie" Test)-

    Under this test, an act is an attempt if it unequivocally and unambiguously demonstrates the actor’s criminal intent on its own. If you were to watch the actor’s movements on a silent film without knowing their internal thoughts, and their actions could only point to one logical conclusion—the commission of the crime—it is an attempt. If their actions are equivocal (susceptible to both innocent and guilty explanations), it remains preparation.

Example: If a man is found climbing a wall into a house at midnight carrying housebreaking tools, his actions are unequivocal. They cannot reasonably be explained as an innocent nighttime exercise; they represent an attempt to commit housebreaking.

3. The Social Danger Test-

    This test evaluates the level of danger and alarm the actor's conduct inflicts on society. When an act is so hazardous or alarming that allowing it to go unpunished would undermine public safety and peace, the law intervenes and classifies it as an attempt, even if the final step of the crime is still several paces away.

Example: A places a timed explosive device inside a crowded railway station. Even if the timer is set for two hours in the future and the police defuse it within ten minutes, the social panic, threat, and alarm are so severe that the act is instantly treated as a punishable attempt.

4. The Impossibility Test-

    Can a person be prosecuted for attempting to do something that is physically or legally impossible to achieve? Jurisprudence makes a clear distinction:

Absolute Impossibility: If the means used are completely, scientifically, and fundamentally incapable of producing the desired result, there is no attempt.

Examples: Trying to kill a person by sticking pins into a wax doll (witchcraft) or administering pure sugar believing it is lethal poison. These acts do not threaten society or violate any legal protection.

Relative / Factual Impossibility: If the crime failed because of an unexpected physical obstruction, a lack of materials, or a miscalculation by the offender, it remains a punishable attempt.

Examples:

i. A thrusts his hand into B’s pocket to pickpocket him, but the pocket is empty. A is guilty of attempt to commit theft.

ii. A administers poison to B, but B survives because the dose was insufficient. Although it was factually impossible for that specific dose to kill B, the act constitutes an attempt to murder.

Abhayanand Mishra v. State of Bihar

Facts: The appellant applied to Patna University for permission to appear in the M.A. examination as a private candidate, submitting false certificates regarding his qualifications and teaching experience. The University accepted the application and issued an admit card. Before the exams commenced, the University discovered the fraud and blocked him.

Held: The Supreme Court held that the preparation was complete when the candidate dispatched the application. When the University accepted his application and dispatched the admit card, the appellant had taken a direct, proximate step toward committing the offense of cheating. The fact that he was stopped before entering the exam hall did not absolve him. He was convicted of attempting to cheat under Section 511 of the IPC.

E. Stage 4: Actual Commission-

1. Definition-

    The final stage in the criminal pathway is the consummation of the offense. This occurs when the actor successfully executes their intent, completes the physical acts, and produces the prohibited harmful consequence.

2. Punishability-

    The completed offense is always punishable under the specific penal provisions of the BNS/IPC. Once the crime is completed, the attempt merges into the completed offense; the perpetrator is charged and punished for the consummated crime itself, rather than the attempt.

PART III: COMPARATIVE ANALYSES-

A. Tabular Comparison: Preparation vs. Attempt

Feature	Preparation	Attempt
Definition	Gathering, arranging, or devising the means and materials necessary to commit an offense.	A direct, overt movement toward committing the offense after preparation is complete.
Stage of Crime	The second stage.	The third stage.
Proximity to Offense	Remote; several steps remain before the offense can occur.	Proximate; it is the direct, immediate step preceding the completed crime.
Repentance	High opportunity for repentance. The actor can easily change their mind and walk away without committing any crime.	No opportunity for repentance. The actor has launched the act, and only external intervention or failure stops the crime.
General Punishability	Generally non-punishable (except for extremely serious offenses like waging war or dacoity).	Always punishable (either under specific sections or general residuary provisions).
Equivocality	Equivocal; the actions are often harmless and can have both innocent and guilty explanations.	Unequivocal; the actions clearly reveal a criminal intent and have no innocent explanation.

B. Tabular Comparison: Intention vs. Attempt

Feature	Intention	Attempt
Nature	Purely mental, subjective, and internal.	Physical, objective, and externalized.
Proof	Exceptionally difficult to prove unless explicitly declared or documented.	Proven through physical evidence, eyewitness testimony, and overt physical acts.
Punishability	Never punishable on its own (except in conspiracies or intimidation).	Always punishable as a distinct phase of criminal execution.
Harm Factor	Causes zero objective alarm or harm to the community.	Creates an immediate threat, apprehension, and danger to public safety.