The Four Stages of a Crime
Chapter Thirty-Eight
Syllabus topic 4, "Stages in Commission of Crime"
Pages 138 to 141 of 711
In one line
A crime passes through intention, preparation, attempt and commission, and the law begins to punish at the third.
In the wording a student can write in an exam: every crime that consists of an affirmative act passes through four stages, namely the formation of the intention to commit it, the making of preparations to commit it, the attempt to commit it, and its commission or accomplishment; the law does not punish the first at all, punishes the second only in the two cases the statute names, punishes the third as an inchoate offence, and punishes the fourth as the substantive offence.
The four stages
Stage one: intention. The culprit first entertains the idea or intention to commit an offence. The law does not punish it. There is no offence in a state of mind, however wicked.
Stage two: preparation. He devises or arranges the means or measures necessary for the commission of the offence. As a general rule this is not punishable either.
Stage three: attempt. He takes deliberate overt steps towards the commission. This is punishable, and it is the stage that generates all the difficulty.
Stage four: commission. The offence is complete, and he is punished for the substantive offence rather than for the attempt.
The Supreme Court's own statement
Koppula Venkat Rao v. State of Andhra Pradesh, (2004) 3 SCC 602, decided on 10 March 2004.
Facts. The appellant was convicted of rape. The medical evidence and the evidence of the prosecutrix did not establish penetration, and it was argued that at most an attempt was made out. The State argued that ejaculation sufficed.
Held. The conviction was altered to one of attempt. In every crime there is first the intention to commit, secondly the preparation to commit it, and thirdly the attempt to commit it; if the attempt succeeds the crime is complete, and if it fails the law punishes the attempt. An attempt is punishable because every attempt, though it falls short of success, must create alarm, which by itself is an injury, and the moral guilt of the offender is the same as if he had succeeded; since the injury is not as great, only half the punishment is awarded. Attempt begins when the preparations are complete and the culprit commences to do something with the intention of committing the offence which is a step towards it. Mere intention not followed by any act is no offence: the will is not to be taken for the deed unless there is some external act showing progress towards it. Preparation consists in devising or arranging the means or measures necessary for the commission of the offence, and differs widely from attempt, which is the direct movement towards the commission after preparations are made. Preparation is punishable only for the two offences the Code names. The dividing line is sometimes thin and is decided on the facts of each case; there is a greater degree of determination in attempt than in preparation.
The Four Stages of a Crime
Why it matters here. It is the whole of this topic stated by the Supreme Court in a single passage, including the justification for punishing an attempt and the definition of preparation, and it is the most quotable authority a candidate can carry into the hall.
State of Maharashtra v. Mohd. Yakub, (1980) 3 SCC 57, states the same division and adds the modern test.
Facts. The respondents carried forty-three silver ingots by truck and jeep from Bombay to a lonely creek, some concealed in a shawl and some in sawdust bags. When the ingots were unloaded near the creek the customs officials heard the engine of a mechanised sea-craft on the creek side. The Sessions Judge acquitted them, holding that they had only made preparations and had done no act amounting to a direct movement towards the offence, and that until the silver was put in the boat the matter remained at preparation. The High Court agreed.
Held. Allowing the appeal. The expression attempt is wide enough to take in any one or series of acts committed beyond the stage of preparation in moving contraband goods deliberately to the place of embarkation, such acts being reasonably proximate to the completion of the unlawful export. What constitutes an attempt is a mixed question of law and fact and defies precise definition. Crimes consisting of affirmative acts are preceded by conduct in three stages: entertaining the idea or intention; making preparations; and taking deliberate overt steps. The overt step need not be the penultimate act; it is enough that the acts were deliberately done, manifest a clear intention to commit the offence aimed at, and are reasonably proximate to its consummation. Attempt begins where preparation ends.
Why it matters here. It supplies the sentence a student should memorise, attempt begins where preparation ends, and the test the courts now apply.
Why the law starts at the third stage
Three reasons, and an answer that gives them is better than one that lists the stages and stops.
Because a thought harms nobody. Punishing intention would require the State to prove a state of mind with no external evidence at all, and would license punishment for character rather than for conduct.
Because preparation is usually equivocal. Buying a knife, filling a car with petrol and travelling to a place are all consistent with innocence. The law waits until the conduct is unequivocally referable to the offence.
The Four Stages of a Crime
Because an attempt is already an injury. That is Koppula Venkat Rao's answer: the attempt creates alarm, and the alarm is itself a harm; the moral guilt is the same as if the offender had succeeded, and only the injury is less.
The exceptions at each stage
Intention. Not punishable, ever, and there is no exception. The nearest thing is the offence of concealing a design, which punishes a positive act of concealment rather than the design.
Preparation. Punishable in the cases the statute names. Under the Bharatiya Nyaya Sanhita, section 149 punishes collecting men, arms or ammunition or otherwise preparing to wage war with the intention of waging or being prepared to wage war against the Government of India; and section 310(4) punishes whoever makes any preparation for committing dacoity. Section 310(5) goes further and punishes being one of five or more persons assembled for the purpose of committing dacoity.
Attempt. Punishable, either by an express provision for the particular offence or by the residuary section.
Commission. Punishable as the substantive offence, and the attempt merges in it.
The four stages, in a table
| Stage | What happens | Punishable | Where |
|---|---|---|---|
| Intention | The idea is formed | No | Nowhere |
| Preparation | The means are arranged | Only in the named cases | Sections 149 and 310(4) and (5) |
| Attempt | A deliberate overt step, reasonably proximate | Yes | Section 62, or an express provision |
| Commission | The offence is complete | Yes | The offence itself |
Worked example
Nilesh decides to burgle a warehouse.
Stage one. He decides. Nothing is punishable, and if he tells a friend of his decision and does nothing, still nothing.
Stage two. He buys a cutter, studies the guard's shifts and hires a van. Every one of those acts is lawful in itself, and on Malkiat Singh's test, if he changed his mind now the acts already done would be completely harmless. This is preparation.
Stage three. He drives to the warehouse at night, cuts the padlock and pushes the door. On Mohd. Yakub's test these acts are beyond preparation and reasonably proximate to the offence. On Koppula Venkat Rao's, they show the greater degree of determination that marks an attempt. He is guilty of attempt even if he is caught at the door.
Stage four. He enters and takes goods. The offence is complete and the attempt merges.
Now change the offence to dacoity. At stage two Nilesh is already punishable, because section 310(4) punishes preparation for dacoity, and if he is one of five or more assembled for the purpose, section 310(5) punishes that too.
What it does NOT mean
The stages are not always separable in time. In a sudden assault, intention, preparation, attempt and commission may occupy a second, and a court does not have to locate each of them.
The Four Stages of a Crime
Not every crime has four stages. An omission offence has no preparation to speak of. A strict liability offence may be complete without any mental stage at all.
And an attempt is not a lesser version of the offence. It is a distinct offence with its own ingredients, punished on its own footing.
Quick revision
- Four stages: intention, preparation, attempt, commission.
- Intention is never punishable; preparation only under sections 149 (waging war) and 310(4) and (5) (dacoity); attempt under section 62 or an express provision; commission as the substantive offence.
- Koppula Venkat Rao: an attempt is punished because it creates alarm, which is itself an injury, and the moral guilt is the same, only the injury being less, which is why the punishment is half.
- Koppula Venkat Rao on preparation: devising or arranging the means, differing widely from attempt, which is the direct movement towards commission after preparations are made; there is a greater degree of determination in attempt.
- Mohd. Yakub: attempt begins where preparation ends, and the test is acts beyond preparation that are reasonably proximate to the consummation, which need not be the penultimate act.
Test yourself
1. Name the four stages and say which are punishable. Intention, preparation, attempt and commission. Intention is never punishable; preparation only where the statute expressly says so, namely preparing to wage war under section 149 and preparation for dacoity under section 310(4), with assembling for dacoity under section 310(5); attempt and commission are punishable.
2. Why does the law punish an attempt at all? Because, in the Supreme Court's words, every attempt though it falls short of success must create alarm, which by itself is an injury, and the moral guilt of the offender is the same as if he had succeeded; only the injury is less, which is why the punishment is half.
3. Give the sentence that marks the boundary. Attempt begins where preparation ends.
4. State the modern test for whether an act is an attempt. Whether the act or acts were committed beyond the stage of preparation, deliberately done, manifesting a clear intention to commit the offence aimed at, and reasonably proximate to its consummation. The act need not be the penultimate act.
The rest of this subject
These notes are cut from the University's printed syllabus. Open the syllabus itself, or the past papers, for the same subject.