Stages of Crime and General Defences
Exam Snapshot
Understanding criminal liability requires knowing the stages of a crime and the defences available. The Muluki Criminal Code (MCC) 2074 is the primary source. Focus on distinguishing preparation from attempt, and knowing when a defence excuses criminal liability.
Core Concept
A crime usually requires both actus reus (guilty act) and mens rea (guilty mind). The four stages are:
- Intention (Aashay): The mental desire. Not punishable.
- Preparation (Tayari): Gathering resources. Generally not punishable.
- Attempt (Udyog): Direct movement to commit the crime. Punishable.
- Commission (Kasur Sampanna): The crime is fully executed. Punishable.
Nepal Law Anchors
- Muluki Criminal Code 2074: Chapter 2 outlines General Defences (Mistake, Self-Defence, Necessity, etc.).
Confusable Terms
| Feature | Preparation | Attempt |
|---|---|---|
| Proximity | Remote | Proximate (Direct) |
| Liability | Usually not liable | Liable |
MCQ Traps
- Preparation vs. Attempt: The key is the 'proximity' to the commission of the crime. Buying a knife is preparation; attacking someone is an attempt.
- Mistake of Law: Never a defence. Only Mistake of Fact can be a defence.
- General Defences: They negate liability but the burden of proof is specific.
Example
Buying a gun is preparation. Walking towards the target with the gun drawn is an attempt.
Memory Hook
I-P-A-C: Intention, Preparation, Attempt, Commission.
Quick Revision
- Stages: Only Attempt and Commission are generally punishable.
- Defences: Mistake of Fact, Necessity, Self-Defence, Unsound Mind.
- Core Distinction: Attempt requires direct action.