PENAL LIABILITY & STAGES OF CRIME

Penal Liability –In order to be held liable for a criminal activity it has to be prove beyond reasonable doubt that all these elements were present –1.Person under section 11 of IPC –Person is defined in section 11 of IPC which includes Company, association or body of persons whether incorporated or not .The word also includes artificial and juridical person as well as the natural person. In order to qualify as a crime a person must commit it. 2. Mens Rea-This can be explained in various forms; a guilty mind, a guilty or Wrongful purpose,                criminal intent, guilty knowledge and wilfulness all constitute the same thing that mens rea. Every crime requires mental element and that is considered as the fundamental principle of criminal liability. This display specific intent by the accused for the commission of the crime for which he is charged 3.Actus Reus – The third essential element of a crime is actus reus. In other words some act or illegal omission must have taken place in pursuance of guilty intention. There are two types of Actus reus first is commission and the second one is an omission. The commission is as a criminal activity that was the result of voluntarily body movement. This describes a physical Activity that harms a person or property. Against human body includes physical assault, murder, hurt, grievance, hurt etc & property includes theft, decoity, extortion etc.The omission is another form of Actus reus as an Act of criminal negligence. Without a guilty act, there can be no crime and no suit for damages can arise. An act alone does not make a crime, however, and both the intention of the person and the act itself.4.Injury –Under section 44 of the IPC that the injury should be caused to another person or to society at large .The injury is defined as any harm illegally caused to any person in body , mind , reputation or property by another person .

  1. Stages of crime –

1.Intention –Intention is the first stage in the commission of crime. It is the mental element that is required for the commission of crime .It is the direction of conduct towards objects chosen. But at this stage the accused is not prosecuted as it is very difficult to prove the guilty mind of a person.2.Preparation – This is the second stage in the commission of crime .It means to arrange the necessary resources for the execution of intentional criminal act. ntention and preparation alone are not enough to constitute a crime.3.Attempt –An attempt is direct movement towards the execution of crime after the preparation of the plan .According to law the person is guilty of an attempt of an offense if there act is more than simply preparatory to the commission of an offence 4.Accomplishment – This is the last stage in the commission of an offence is its accomplishment or completion. If accused succeeds in his attempt to commit the crime, he will be guilty of the complete offence if fails than guilty of the attempt only.

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