Table of Content:
Stages of Crime: Intention, Preparation, Attempt and Act under BNS and IPC
Every crime generally goes through four stages. These stages help in understanding when criminal liability begins and at what stage a person becomes punishable under law. The four stages are:
- Intention
- Preparation
- Attempt
- Act
Understanding these stages is important for law students, judiciary aspirants, and legal professionals because not every stage is punishable under criminal law.
1. Intention
Intention is the first stage of every crime. It means a person thinks or decides to commit a crime.
Example:
A wants to kill B.
However, only thinking about committing a crime is not an offence. The law does not punish a person merely for having criminal thoughts unless they do something to act upon those thoughts.
Key Point:
Intention alone is not punishable.
2. Preparation
Preparation is the second stage. At this stage, the person starts making arrangements to commit the crime.
Example:
A buys a gun to kill B.
Generally, preparation alone is not punishable because the person may still change their mind before committing the offence.
Exception
In certain serious offences, preparation itself is punishable.
These include:
- Preparation for Dacoity – Section 310 BNS / Section 399 IPC
- Preparation for Waging War Against the Government – Section 149 BNS / Section 122 IPC
Key Point:
Preparation is generally not punishable, except in specific offences provided by law.
3. Attempt
Attempt is the third stage of a crime, where a person tries to commit an offence but fails to complete it.
Example:
A fires a gun at B but misses.
At this stage, the offence becomes punishable because the person has taken a direct step towards committing the crime.
Applicable Law
Where no specific provision for the punishment of an attempt is provided, the general provisions apply:
- Section 62 of the Bharatiya Nyaya Sanhita, 2023 (BNS)
- Section 511 of the Indian Penal Code, 1860 (IPC)
Key Point:
Attempt is a punishable offence.
4. Act
This is the final stage, where the crime is successfully committed.
Example:
A fires the gun, hits B, and B dies.
Now A has committed the offence of murder and will be punished according to law.
Applicable Law
- Section 103 of the Bharatiya Nyaya Sanhita, 2023 (BNS)
- Section 302 of the Indian Penal Code, 1860 (IPC)
Key Point:
Once the crime is completed, the offender is liable for punishment under the relevant provision of law.
Difference Between the Four Stages of Crime
| Stage | Meaning | Punishable |
|---|---|---|
| Intention | Thinking or deciding to commit a crime | ❌ No |
| Preparation | Making arrangements to commit the crime | ❌ Generally No (Except certain offences) |
| Attempt | Trying to commit the crime but failing | ✅ Yes |
| Act | Crime successfully completed | ✅ Yes |
Frequently Asked Questions (FAQs)
What are the four stages of crime?
The four stages of crime are:
Intention
Preparation
Attempt
Act (Crime Complete)
Is intention punishable under criminal law?
No. Mere intention or criminal thoughts are not punishable unless the person takes some action towards committing the offence.
Is preparation always punishable?
No. Preparation is generally not punishable. However, it is punishable in certain offences such as preparation for dacoity and preparation for waging war against the Government.
Which section deals with attempt under BNS?
Where no specific provision exists, attempt is punishable under Section 62 of the Bharatiya Nyaya Sanhita, 2023.
Conclusion
Every crime generally passes through Intention, Preparation, Attempt, and Act. While intention and preparation are generally not punishable, attempt and the completed offence are punishable under criminal law. Understanding these stages helps in determining criminal liability and is a fundamental concept under both the Bharatiya Nyaya Sanhita, 2023 (BNS) and the Indian Penal Code, 1860 (IPC).


Disclaimer
The information provided in this post has been verified to the best of our knowledge. Readers are encouraged to independently verify the details before taking any further action.