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CRIMINAL LIABILITY IN INTENTION STAGE:
Generally, Intention alone is not considered a crime; it must be accompanied by an act or preparation to be punishable under the law.
Exception:
1) Criminal conspiracy, as defined under Section 120A of the Indian Penal Code (IPC), can be considered an exception where intention alone, when accompanied by an agreement between two or more persons to commit an illegal act or a legal act by illegal means, constitutes a crime. Here is the corrected and elaborated sentence:
Another example involves abetment of a crime.
2) Abetment (Section 107 of the IPC)
Abetment involves instigating, engaging in a conspiracy, or aiding in the commission of an offense. Here, the intention to commit a crime coupled with encouragement or assistance can itself constitute a crime, even if the crime is not ultimately committed. Abetment can be:
By Instigation: Encouraging someone to commit a crime.
By Conspiracy: Engaging in a conspiracy to commit a crime.
By Aiding: Assisting someone in committing a crime
2. Preparation:
This stage involves planning or arranging the means necessary to commit the crime. It might include actions such as buying tools, gathering information, or creating a plan. Mere preparation is generally not punishable unless it involves illegal acts (e.g., possession of illegal tools or substances). But in IPC, many provisions are given where preparation itself is treated as crime, these are:
Section 122: Collecting arms, etc., with intention of waging war against the Government of India:
This section criminalizes the act of collecting men, arms, or ammunition with the intention of waging war against the Government of India. The preparation itself is punishable.
Section 399: Making preparation to commit dacoity:
This section criminalizes making preparation to commit dacoity (robbery by an armed gang). The mere act of preparation is enough to be prosecuted under this section.
Section 233-235: Counterfeiting coin:
These sections deal with various acts related to counterfeiting coins, including making or possessing instruments or materials for counterfeiting coins. Preparation for counterfeiting is punishable.
Section 255: Possession of instruments or materials for counterfeiting Government stamps:
This section criminalizes the possession of instruments or materials for the purpose of counterfeiting Government stamps.
Section 402: Assembling for purpose of committing dacoity:
This section punishes the act of assembling for the purpose of committing dacoity.
3. Attempt:
An attempt occurs when the person takes direct action towards committing the crime, but the crime is not completed. This stage is punishable because it demonstrates the clear intent and steps taken towards completing the criminal act. The legal threshold for what constitutes an attempt can vary, but it typically requires a substantial step towards the commission of the crime.
In the Indian Penal Code (IPC), several sections deal with the concept of "attempt." An attempt to commit a crime is recognized as a punishable offense even if the crime is not ultimately completed. Here are some key sections related to attempts under the IPC:
Section 511: Punishment for attempting to commit offenses punishable with imprisonment for life or other imprisonments:
Whoever attempts to commit an offence punishable by this Code with imprisonment for life or imprisonment, or to cause such an offence to be committed, and in such an attempt does any act towards the commission of the offence, shall, where no express provision is made by this Code for the punishment of such attempt, be punished with imprisonment of any description provided for the offence, for a term which may extend to one-half of the imprisonment for life or, as the case may be, one-half of the longest term of imprisonment provided for that offence, or with such fine as is provided for the offence, or with both.
Section 307: Attempt to murder:
This section states that whoever does any act with the intention or knowledge, and under such circumstances, that if he by that act caused death, he would be guilty of murder, shall be punished with imprisonment for up to 10 years, and also be liable to fine. If hurt is caused in the attempt, the punishment can extend to imprisonment for life.
Section 308: Attempt to commit culpable homicide:
This section applies to anyone who does any act with the intention or knowledge that by that act they would have caused death if they had caused such harm, shall be punished with imprisonment for up to three years, or with fine, or with both. If hurt is caused, the imprisonment can extend to seven years.