stages of Crime- an overview
Table of Contents
1. Introduction…………………………..………………................................04
2. Objective of Study…………………………………………………………05
3. Methodology………………………………………………………….....…05
4. Stage 1 - Intention…………………….……………………………………06
• Types of Intention…………………………………………………07
5. Stage 2 - Preparation…………………………..…………………………..08
• Exceptions to preparation………………….………………….…..09
6. Stage 3 - Attempt .…………………………………………………….…...10
• Attempt and Preparation Distinguished…………………….12 - 17
7. Stage 4 - Accomplishment…………………………………………………17
8. Conclusion………………………………………………………………….18
9. References…………………………………………………………………..19
INTRODUCTION
Criminal law is a body of rules and statutes that defines conduct prohibited by the state because it threatens and harms public safety and welfare and that establishes punishment to be imposed for the commission of such acts. Criminal law differs from civil law, whose emphasis is more on dispute resolution than in punishment.
The term criminal law generally refers to substantive criminal laws. Substantive criminal laws define crimes and prescribe punishments. In contrast, Criminal Procedure describes the process through which the criminal laws are enforced. For example, the law prohibiting murder is a substantive criminal law. The manner in which state enforces this substantive law—through the gathering of evidence and prosecution - is generally considered a procedural matter.
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.
My research project on Stages of Crime – An Overview revolves around these four activities which essentially required to be fulfilled in order of an offence to become a crime under Indian Penal Code.
Objectives of Study
• The major objective of
1. Introduction…………………………..………………................................04
2. Objective of Study…………………………………………………………05
3. Methodology………………………………………………………….....…05
4. Stage 1 - Intention…………………….……………………………………06
• Types of Intention…………………………………………………07
5. Stage 2 - Preparation…………………………..…………………………..08
• Exceptions to preparation………………….………………….…..09
6. Stage 3 - Attempt .…………………………………………………….…...10
• Attempt and Preparation Distinguished…………………….12 - 17
7. Stage 4 - Accomplishment…………………………………………………17
8. Conclusion………………………………………………………………….18
9. References…………………………………………………………………..19
INTRODUCTION
Criminal law is a body of rules and statutes that defines conduct prohibited by the state because it threatens and harms public safety and welfare and that establishes punishment to be imposed for the commission of such acts. Criminal law differs from civil law, whose emphasis is more on dispute resolution than in punishment.
The term criminal law generally refers to substantive criminal laws. Substantive criminal laws define crimes and prescribe punishments. In contrast, Criminal Procedure describes the process through which the criminal laws are enforced. For example, the law prohibiting murder is a substantive criminal law. The manner in which state enforces this substantive law—through the gathering of evidence and prosecution - is generally considered a procedural matter.
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.
My research project on Stages of Crime – An Overview revolves around these four activities which essentially required to be fulfilled in order of an offence to become a crime under Indian Penal Code.
Objectives of Study
• The major objective of
References: Books Referred: 1. Prof. S.N.Mishra; Indian Penal Code; Central Law Publications, Allahabad, Tenth Edition (September) 2001. 2. K.D. Gaur; A Text Book of The Indian Penal Code, Universal Law Publishing Company Pvt. Limited, New Delhi, Third Edition 2004. 3. O.P. Srivastava; Principles of Criminal Law, Eastern Book Company, Lucknow, Fifth Edition, 2010. Articles and Journal Referred: Attempt in criminal law by Suwarn Rajan, Advocate, Supreme Court of India Websites Referred o http://hanumant.com/PreparationAndAttempt.html o http://www.legalservicesindia.com/article/article/the-elements-and-stages-of-a-crime-1228-1.html o http://www.lawyersclubindia.com/articles/print_this_page.asp?article_id=1664