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Different Stages of a Crime - Intention for CLAT - Practice Questions & MCQ

Edited By admin | Updated on Sep 25, 2023 25:47 PM | #CLAT

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The stages of crime or elements of a crime include intention, preparation, attempt and accomplishment.

Intention: - The fundamental elements of a crime are ‘mens rea’ and ‘actus reus’, the former being the intention to commit a crime and the latter being the act done in furtherance of the intention. The criminal liability of a person shall be decided only when he or she has a mala fide intention. It is the direction of conduct towards the objects chosen upon considering the motive which suggests the choice. Mere intention shall not constitute a crime, as it is almost impossible to know the intentions of a person. As the famous saying goes “the devil himself knoweth not the intention of a man”.

Preparation: - It can be understood as an act in furtherance of the mala fide intention of a person. It is an act that shall be a means to the attempt and accomplishment of the crime. In the previous illustration, if A purchases a weapon legally and carries it with himself, it shall amount to the preparation of the crime.

Attempt: - It may be defined as an action in furtherance of the intention and preparation of a person to commit a crime. Thus, an attempt to commit a crime is often termed “preliminary crime”. It has been provided under various provisions for specific crimes. However, in case of the absence of punishment for an attempt to commit a particular crime, Section 511 of the Indian Penal Code comes into the picture.

Some of the specific provisions of the Indian Penal Code under which an attempt to commit a crime have been enumerated hereunder:

Section 121 – Attempt to wage a war;

Section 131 – Attempt to seduce a soldier, sailor or airman from his duty;

Section 307 – Attempt to murder;

Section 308 – Attempt to culpable homicide;

Section 309 – Attempt to suicide;

Section 326B – Attempt to throw suicide;

Section 356 – Attempt to commit theft;

Section 357 – Attempt to wrongfully confine a person;

Section 393 – Attempt to commit robbery;

Section 397 – Robbery or dacoity with an attempt to cause death or grievous hurt.

Accomplishment: - The accomplishment of a crime is when an attempt to commit a crime is successfully executed. Every person shall be liable for the act, offence or crime that he commits or accomplishes. The provisions of the Code provide for specific punishments for various crimes in the country.

Question:

A and B are good friends. A has intended to rape B, but he did not do so. What will be the liability of A?

A will be liable because he has intended to do such illegal and immoral activity.

A will be liable because it was a question of a girl's dignity.

A will not be liable because mere intention of crime does not constitute criminal liability.

A will not be liable because they are good friends.

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Concepts Covered - 1

Different Stages of a Crime - Intention

Understanding Intention:

Intention is the initial mental phase of a criminal act. It's where a person's thoughts evolve into a concrete plan for action.
This stage provides insight into the motivation behind an individual's criminal behavior, addressing the fundamental question of "why" they are about to commit a crime.

Defining Intention:

Intention transcends simple actions. It involves a deliberate purpose or strategy.
Analogous to making calculated moves in a game, in the context of crime, intention signifies a conscious decision to engage in unlawful conduct.

The Role of Mens Rea:

Intention is closely linked with the concept of "mens rea," referring to the guilty state of mind.
It signifies a person's conscious and willful intent to carry out an act that is against the law.
For instance, if someone actively plans to steal a valuable item, their intention reflects their desire to wrongfully take possession of it.

Planning and Deliberation:

Intention encompasses more than fleeting thoughts. It often involves meticulous planning and consideration.
Similar to strategic thinking before making a move in a game, planning a crime entails contemplating the specifics and potential outcomes of the action.
This deliberate planning serves as the groundwork for the execution of the criminal act.
For instance, Sarah's contemplation and decision to steal a necklace illustrate the crucial role of intention in the commission of a crime.

Degrees of Intention:

The legal system recognizes varying degrees of intention based on the gravity of the intended crime.
These gradations are akin to difficulty levels in a game, affecting the severity of the legal consequences upon conviction.
The degree of intention can influence the sentencing and punishment for the individual.
Thus, the assessment of intention's degree plays a pivotal role in the criminal justice process.

Intention's Significance:

Intention acts as the spark that sets in motion a series of events culminating in a criminal act.
It constitutes the foundation upon which the entire edifice of a crime is constructed.
A profound understanding of intention provides valuable insights into the intricate facets of criminal behavior and underscores the pivotal role of cognitive processes within the realm of the law.

Difference between intention, knowledge and motive in crime

In the context of law, intention is often used to determine the guilt or innocence of a defendant.
For example, if a person is accused of murder, the prosecution must prove that the person intended to kill the victim. If the person did not intend to kill the victim, they may not be guilty of murder.
Motive is not usually used as a legal standard for guilt or innocence. However, it can be used to help the jury understand why the defendant committed the crime.
For example, if the defendant stole a car because they needed money to feed their family, the jury might be more sympathetic to the defendant.
Knowledge can also be used to help the jury understand the defendant's actions.
For example, if the defendant knew that stealing was wrong, but they did it anyway, the jury might be less sympathetic to the defendant.