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DETERMINATION OF CRIMINAL LIABILITY AND THE STAGES OF OFFENCE

ROUGH DRAFT SUBMITTED IN THE PARTIAL FULFILENT OF THE COURSE

TITLED-

CRIMINAL LAW - I

Submitted by: Submitted to:

AMISHA PRAKASH Dr. Fr. Peter Ladis F

ROLL NO:2005 (3rd Semester)

B.B.A .LL.B,(CNLU,PATNA)

Academic session-2018-2023

CHANAKYA NATIONAL LAW UNIERSITY

Nyaya Nagar ,Mithapur,Patna 80001

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INTRODUCTION

The Indian Penal Code, 1860 uses the word 'Offence' in place of crime. Section 40 of the IPC
defines Offence as an act punishable by the Code. An Offence takes place in two ways, either by
commission of an act or by omission of an act.

If a person commits a crime voluntarily or after preparation the doing of it involves four
different stages. In every crime, there is first intention to commit it, secondly, preparation to
commit it, thirdly, attempt to commit it and fourthly the accomplishment.

Ordinarily, a crime is a wrong which affects the security and well being of the public generally
so that the public has an interest in its suppression. The Indian Penal Code does not define the
term ‘crime’. In Halsbury’s Laws of England, crime is defined as follows: ‘A crime is an
unlawful actor default which is an offence against the public and renders the person guilty of the
act or default liable to legal punishment’. Russell in his classic work On Crimes has said that
‘crime is the result of human conduct which the penal policy of the state seeks to prevent’. The
fundamental principle of criminal liability is that there must be a wrongful act- actus reus,
combined with a wrongful intention- mens rea. This principle is embodied in the maxim, actus
non facit reum nisi mens sit rea, meaning ‘an act does not make one guilty unless the mind is
also legally blameworthy. A mere criminal intention not followed by a prohibited act cannot
constitute a crime. Actus reus has been defined as ‘such result of human conduct as the law seeks
to prevent’. Mens rea which is a technical term generally taken to mean some blameworthy
mental condition, covers a wide range of mental states, the existence of which would give a
criminal hue to actus reus. Depending upon the existence of these two constituent elements of
crime i.e. mens rea and actus reus, the commission of a crime is divided into various stages .

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RESEARCH METHODOLOGY
Mostly doctrine sources and primary method of research was adopted in the
making of this project.

Few primary and secondary methods were used. Some literary works and books
and articles were referred and the internet through various websites were use
extensively for the collection of data which was required for the study needed for
this research.

Research Questions

1) Why is intention not punishable?


2) Why is attempt a punishable offence?
3) How is thin line difference drawn between preparation and attempt?
4) What is the scope of section 511?

HYPOTHESIS

A mere criminal intention not followed by a prohibited act cannot constitute a


crime.

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CHAPTERISATION

1. Introduction

2. Stages Of Crime

2.1) Intention

• Case laws

Jai Prakash v Delhi Administration (1991) 2 SCC 32

Sorabjeet Singh v State of Uttar Pradesh AIR 1983 SC 529

2.2) Preparation

• Case laws

Queen v Peterson, (1876) 1 ILR All 316

Kailash Chandra Pareek v State of Assam, (2003) Cr L J 3514 (Gau)

2.3) Attempt

• Case laws

Koppula Venkat Rao v State of Andhra Pradesh AIR 2004 SC 1874

Abhayanand Mishra v State of Bihari AIR 1961 SC 1698

Sudhir Kumar Mukherjee v State of West Bengal AIR 1973 SC 2655

2.4) Preparation and Attempt -- The Thin Line

2.4.1) Tests to distinguish Preparation and Attempt

2.4.1.1) The Proximity Rule

2.4.1.2) Doctrine of Locus Poenitentiae

2.4.1.3.) The Equivocality Test

2.4.1.4.) Impossibility Test

2.5) Accomplishment or Completion


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• Case laws

Re T Munirathnam Reddy AIR 1955 AP 118

3) Conclusion

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Bibliography
BOOKS:

1. K D Gaur, A Textbook on the Indian Penal Code, 4th Edn.

2. P S A Pillai, Criminal Law, 11th Edn

3. Ratanlal & Dhirajlal, The Indian Penal Code, 33rd edn

4. Hari Singh Gour, Penal Law of India, vol 4, 11th edn

5. Ratanlal & Dhirajlal, The Law of Crimes, 23rd edn.

6. S.N.Mishra, India Penal Code, 16th edn

WEBSITES:

1) https://www.legalbites.in/law-notes-ipc-attempt-in-criminal-law/
2) https://lawtimesjournal.in/section-511-of-the-indian-penal-code/
3) http://www.shareyouressays.com/knowledge/punishment-for-attempting-to-
commit-offences-in-india-section-511-i-p-c/115796
4) https://www.lawweb.in/2013/02/basic-concept-of-preparation-as-is.html
5) https://www.srdlawnotes.com/2017/03/distinction-difference-between.html
6) https://lawnn.com/stages-of-crime/
7) https://www.academia.edu/35870169/Stages_in_commission_of_crime_cri
minal_law_assignment
8) https://indiankanoon.org/doc/886402/

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