CHANAKYA NATIONAL LAW UNIVERSITY, PATNA

Criminal Law – I
Indian Penal Code, 1860, The Sexual Harassment of Women
at Workplace (Prevention, Prohibition and Redressal) Act,
2013 & The Prevention of Corruption Act, 1988
Semester III
Academic Year 2020-21

Course Teacher:
Ms. Preety Anand
Assistant Professor (Law)
Chanakya National Law University, Patna.
 STAGES OF CRIME

(CONTEMPLATION)

(in all Cases)

(Subject to certain
exceptions)
 CONTEMPLATION
• The first stage of crime: Mental Stage.
• Forming intention.
• the law does not take notice of a criminal intention.
• Mere intention to commit an offence not followed by any conduct does
not attract criminal liability. – GENERAL RULE
• WHY? Because, at this stage proving guilty mind is next to impossible.
• However, in certain cases, mere criminal intention can also attract
criminal liability. – EXCEPTIONAL CASES
• Some of the examples are:
Section 120A of the IPC constitutes the offence of Criminal
conspiracy, in which two or more person agree to commit an
offence.
Section 121-123 constitutes the offence of waging war against the
government.
Section 124: Sedition, etc.
 PREPARATION
• The second stage of a crime.
• 'Preparation' means 'to arrange means or necessary measures for the
commission of the crime'.
• GENERAL RULE--Intention followed by a preparation is not enough to
constitute a crime.
• Preparation has not been made punishable because in most of the cases the
prosecution has failed to prove that the preparations in the question were
made for the commission of the particular crime.
• EXCEPTION TO THE GENRAL RULE: However, in certain cases,
preparation is enough to attract liability. Some of the examples are the
following provisions of the IPC, 1860:
1. Preparation to commit Dacoity - Section 399.
2. Preparation to wage war against the Government - Section 122.
3. Preparation to commit depredation on territories of a power at peace with
Government of India- Section 126.
4. Preparation for counterfeiting of coins or Government stamps- Sections 233-235, S.
255 and S. 257, etc.
 ATTEMPT
• Attempt is the direct movement towards the commission of a crime
after the preparation is made.
• An act which is more than merely preparatory to the commission of
the offence
• There are three essentials of an attempt:
1. Guilty intention to commit an offence;
2. Some act done towards the commission of the offence;
3. The act must fall short of the completed offence.
• All attempts attracts criminal liability.
• Mr. A bought a new pistol after due contemplation on how should he
end Mr. B’s life. One day he went to Mr. B’s place and shot him with
his new pistol with the intention of killing him. He immediately left the
house after shooting Mr. B presuming the latter has died. Mr. B
survived the gun shot and a criminal action was up against Mr. A.
• All attempts are Punishable.
1. Constituted as a specific offence under a provision of the IPC. Eg:
Attempt to murder (section 307), Attempt to commit Robbery (section
393), etc.
2. Both the commission of and attempt to commit an offence is made
punishable under one single provision. Eg: Sedition, Waging War etc.
3. A different category: section 309 of the IPC: attempt to commit suicide.
The commission of the offence is not punishable but an attempt is.
4. All other cases where no specific provisions regarding attempt are made
are dealt by Section 511 of the IPC which prescribes:
a. 1/2 of the longest term of imprisonment provided for the offence , or
b. with prescribed fine, or
c. With both.
Theories of Attempt
Courts have held that the test to determine whether a particular act
amounts only to preparation or to an attempt to commit an offence depends
on facts and circumstances of the case. however, a few tests/theories have
evolved over the period as a result of judicial pronouncements.
1. Impossible Attempt
• Attempt to do something which in fact was impossible to do would be an attempt
or not? Example:
1. 'A' makes an attempt to steal jewels from an empty box.
2. 'A' makes an attempt to pick the empty pocket of 'Z‘.
• Such impossibility may be due to
1.legal impossibility, (acts done is not a crime but this is unknown to the doer)
2.physical impossibility, or (impossibility of commission because of the means
adopted)
3.Impossibility through ineptitude (inefficiency in committing the crime)
2. Proximity Rule
• The Proximity Rule states that the act or a series of acts, in order to be
designated as an attempt to commit an offence, must be sufficiently
proximate to the accomplishment of the intended substantive offence.
• It should not be remotely connected to the crime intended.
• All the steps necessary to constitute the offence is completed but the
consequence which is the essential ingredient of the offence has not taken
place.
State of Maharashtra v Mohammad Yakub, 1980
R v Taylor, 1895 The accused was arrested by Excise officials on the
A was found in the act of striking a grounds of attempting to Export Silver out of India
match behind a haystack, which he in contravention to laws.
extinguished on perceiving that he Accused bought Silver blocks in a truck, small
was being watched, was held guilty heavy parcels were kept with him, sound of
of attempt to commit arson of mechanised sea-craft was heard too.
haystack. Was he in the stage of preparation or attempt?
3. Doctrine of Locus Poenitentiae
•Locus Poenitentiae means the place of Repentance.
•This covers those cases where the accused has made all the necessary
preparations to commit a crime but back out at the very last moment because of
1. Change of heart, or
2. Compulsion, or
3. Fear, etc
• The reason for backing out plays a major role in deciding if one which be the
beneficiary of this doctrine.
•An act of giving up an idea of committing a crime at the last moment because of
change of heart, sudden emotion hit, will be mere preparation and not attempt.
Why? He retreated on his own accord.
•An act of desisting from proceeding further under a fear of being discovered or
because a police office was right there, one ceases to be the beneficiary
Malkiat Singh v State of Punjab, 1970.
State of Maharashtra v Mohammad Yakub, 1980
4. Object Theory

• This theory tries to differentiate between cases where the

object is merely mistaken and cases where the object is
absent.
• In the former case it would be an attempt but the latter
would not.
• Example: Where a pick- pocket puts his hand in an empty
pocket he is only mistaken but where one shoots at a
shadow, the object is absent.
 COMMISSION/ ACCOMPLISHMENT

• The last stage in the commission of a crime is its

'Accomplishment'.
• If the accused commits an attempt to commit the crime and
such attempt succeeds, he will be liable for the offence.
• If such attempt is unsuccessful, he will be liable for the
attempt to commit the offence.
• Commission of which offence is not punishable when the
attempt of the same is?
THANK YOU.