Stages of Crime under Indian Penal Code
Mens Rea refers to criminal intent. The literal translation from Latin is “guilty mind.” The plural of mens rea is mentes reae. A mens rea refers to the state of mind statutorily required in order to convict a particular defendant of a particular crime. See, e.g. Staples v. United States, 511 US 600 (1994). Establishing the mens rea of an offender is usually necessary to prove guilt in a criminal trial. The prosecution typically must prove beyond reasonable doubt that the defendant committed the offense with a culpable state of mind. Justice Holmes famously illustrated the concept of intent when he said “even a dog knows the difference between being stumbled over and being kicked.”
Distinction between Preparation & Attempt
} Proximity Rule
} Doctrine of Locus Paenitentiae (Time for repentance)
} Impossibility Test
} Social Danger Test
} Equivocality Test.
“The word attempt clearly conveys with it the idea that if the attempt had succeeded, the offence charged would have been committed.”
– Chief Justice Cockburn
Attempt Under the Penal Code
} Attempt is not defined under IP but IPC has dealt with attempt in four different ways:
1. The Commission of an offence and the attempt to commit it are dealt with in the same section:
a) Offences against the State, such as waging war or attempting to wage war against Govt of India. (Section. 121)
b) Assaulting or attempting to assault the President of India, Governors of States etc., with intent to counsel or restrain the exercise of any lawful power (Section 124).
c) Sedition (Section 124 A), waging or attempting to wage war against any Asiatic Power in alliance with the Got (Section 125), Public servant taking gratification (Section 161), Dacoity (Section 391). Etc.
. Attempts to Commit offences and Commission of specific offences have been dealt with separately and separate punishment have been provided for attempt to commit such offences from those of the offences committed.
Attempt to commit murder, attempt to commit culpable homicide not amounting to murder, and attempt to commit robbery have been dealt with in section 307, 308 and 393 IPC .
Whereas Murder, Culpable homicide and robbery are punishable under sections 302, 304 and 392 of IPC.
Attempt to Commit Suicide is made punishable under section 309
} Maruti Shripati Dubal V. State of Maharashtra
} P. Rathinam V. Union of India
} Gyan Kaur V. State of Punjab
} Refusal to Treatment
} Guilty Mind – not defined.
3. Rash & Negligent
6. Reason to believe
} Immediate desire
} May / May not happen
} Appa Narasimhulu Case
} K.M. Nanavati V. State of Maharashtra