Question

Preparations, before the commission of a crime, are

• A. always made equally criminal
• B. sometimes made criminal
• C. not made criminal under any circumstance
• D. not a stage different from a crime

Hint:

Remember the exceptions where preparation is a crime: Waging War (S. 122), Depredation on Allied Territories (S. 126), and Dacoity (S. 399). These are frequently tested.

Answer 1

The Correct Option is B

Step 1: Understanding the Question:
The question asks about the criminal liability for the "preparation" stage of a crime. It questions whether this stage is always, sometimes, or never punishable.

Step 2: Key Concepts and Approach:
There are generally four stages in the commission of an offence:

• Intention: The mental element, which is never punishable by itself.
• Preparation: Arranging the means and measures necessary for the commission of the offence.
• Attempt: A direct movement towards the commission of the offence after preparations are complete.
• Commission: The successful completion of the crime. The general rule is that the stage of preparation is not punishable.

Step 3: Detailed Explanation:

• General Rule - Preparation is Not Punishable: The law generally does not punish preparation because it is often difficult to prove that the preparations were intended for a criminal purpose. A person might buy a weapon for self-defence or for committing a murder; the mere purchase is ambiguous.

• Exceptions - Preparation is Punishable: However, the legislature has made the preparation for certain very serious and grave offences punishable. This is because the potential harm from these crimes is so great that the state intervenes at the earliest possible stage. Examples under the Indian Penal Code include:
- Section 122: Preparation to wage war against the Government of India.
- Section 126: Preparation to commit depredation on territories of any Power at peace with the Government of India.
- Section 399: Preparation for committing dacoity.

• Conclusion: Since preparation is generally not criminal but is made criminal in certain specific, exceptional cases, the statement "sometimes made criminal" is the most accurate description.

Step 4: Final Answer:
While the general rule is that the stage of preparation is not punishable, the law makes exceptions for certain grave offences, making preparation "sometimes" criminal.