Introduction:
In this article, we will be examining the essentials and stages of crime with focus on Bharatiya Nyaya Sanhita, 2023 (BNS)
Essentials of crime
1. Mens Rea: The Guilty Mind:
Mens Rea, or the guilty mind, focus on the mental state of the offender at the time of committing the crime. It includes intent, recklessness, and negligence. Different offenses require distinct levels of mens rea.
2. Actus Reus: The Unlawful Act:
At the core of any crime lies the "actus reus," or the unlawful act committed by an individual. All the offences under Bharatiya Nyaya Sanhita are manifestations of actus reus. Actus reus serves as the tangible action that led to commission of crime.
3. Causation: Linking Actus Reus and Mens Rea:
Causation establishes the connection between the unlawful act and the guilty mind. It answers the question of whether the accused's actions directly led to the criminal outcome. If the answer to the above question is yes, then the accused can be convicted of offence, if the other relevant essentials of crime are fulfilled.
4. Concurrence: Simultaneous Presence of Actus Reus and Mens Rea:
Crimes require the simultaneous presence of actus reus and mens rea for conviction.
5. Strict Liability: Exceptions to Mens Rea:
While mens rea is a fundamental aspect, some offenses operate under strict liability, where intent is not a prerequisite for conviction. For example, offences of criminal negligence, kidnapping, etc.
Stages of Crime:
1. First stage: Intention to commit an offence:
- Intention is the mental stage directing conduct towards a chosen object.
- Mere intention without subsequent action isn't prosecutable.
2. Second stage: Preparation to commit crime:
- Preparation involves arranging essential steps to commit crime and is usually not punishable. However, there are a few exceptions, for example, Section 149 of BNS and Section 310(4) of BNS. Section 310(4) of BNS says that:
'Whoever makes any preparation for committing dacoity, shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.'
Hence, we can say that preparation to commit dacoity is punishable under Section 310(4) of BNS.
3. Third stage: Attempt to commit crime:
- Attempt involves direct movement towards the crime after necessary preparations have been done.
- For instance, attempt to commit murder is punishable under Section 109 of BNS, attempt to commit culpable homicide not amounting to murder is punishable under Section 110 of BNS.
- Section 62 of the BNS serves as a general provision for attempt. It states that if no express provision is made for the punishment of an attempt, the individual shall be punished under section 62 of BNS.
4. Fourth stage: The commission of the offence:
- Commission of crime is the final step where the offender succeeds and is charged according to the BNS provisions.
Let's see some FAQs on essentials and stages of crime
Q1: Can mere intention without subsequent action lead to prosecution?
A1: No, mere intention without subsequent action is generally not prosecutable. Prosecution usually requires both intention and a substantial step towards committing the crime.
Q2: Is preparation to commit a crime always punishable under BNS?
A2: While preparation is generally not punishable, there are exceptions. For example, Section 310(4) of BNS makes preparation for committing dacoity punishable with imprisonment and a fine.
Q3: What is the significance of Section 310(4) of BNS?
A3: Section 310(4) of BNS specifies that making any preparation for committing dacoity is punishable with rigorous imprisonment for up to ten years and a fine.
Q4: How does BNS address the attempt to commit a crime?
A4: BNS addresses the attempt to commit a crime through various sections like Section 109 (attempt to commit murder) and Section 110 (attempt to commit culpable homicide not amounting to murder). Section 62 serves as a general provision for attempt in the absence of specific ones.
Q5: What happens in the commission of the offence stage?
A5: The commission of the offence is the final step where the offender succeeds in carrying out the crime and is charged according to the provisions outlined in the Bharatiya Nyaya Sanhita, 2023 (BNS).
Essentials and stages of crime under BNS (Bharatiya Nyaya Sanhita)
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