Criminal Liability: Crime, Stages of Crime and Inchoate Crime (Paper)

  • Apoorva Bhangla, NMIMS Mumbai
  • January 21, 2021

Content :

There has been a lot of controversy on the law relating to the stages of crime in India. The legal position has been confounded by the divergent opinions in various decisions and commentaries of legal experts on criminal liability in the various stages of crime. The Indian Law has not been correctly and clearly articulated on the present legal position as has been done in English Law. This paper is presented to give a proper perspective to law by keeping in mind the view of the importance of criminal liability and stages of crime in the field of criminal law as well as in the contemporary perspective. Further, the paper also describes the concept of inchoate crimes.

A criminal offence is committed after preparation or at the spur of the moment. In the former case it becomes necessary to consider various stages for the commission of the act. First, the culprit makes an intention to commit an offence, then makes preparation for committing it, and after that attempts to commit it. In case the attempt is succeeded he is said to have committed a crime. However, in case his attempt fails he is said to have committed the attempt to commit the offence.