Stages of Crime: Preparation and Attempt under the Bharatiya Nyaya Sanhita, 2023

Criminal law sometimes intervenes before an intended offence is completed. The difficult question is how to identify the point at which planning becomes punishable execution. This article examines the conventional stages of intention, preparation, attempt and completion, with particular attention to section 62 of the Bharatiya Nyaya Sanhita, 2023. It considers three Supreme Court decisions that illuminate the boundary between preparation and attempt and assesses the value and limits of proximity as a legal test. It also examines animal cruelty as a possible context for preventive intervention where vulnerable people face credible threats. The central argument is that evidence of risk and proof of an attempted offence answer different questions. Prevention must operate through lawful powers, while conviction must rest on the mental and physical elements of an identified offence. Clear statutory analysis and reasoned evaluation of conduct offer a defensible balance between timely protection and individual liberty.

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Publication Details

Journal
International Journal of Law Management & Humanities
Published
2026-10-29
DOI
https://doi.org/10.63108/ijlmh.13124
Primary Topic
Criminal Law and Policy
Type
article
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article

Stages of Crime: Preparation and Attempt under the Bharatiya Nyaya Sanhita, 2023

Lekshmi V.S, R Varshini
International Journal of Law Management & Humanities
Criminal Law and Policy
article

Stages of Crime: Preparation and Attempt under the Bharatiya Nyaya Sanhita, 2023

Lekshmi V.S, R Varshini
article en

Abstract

Criminal law sometimes intervenes before an intended offence is completed. The difficult question is how to identify the point at which planning becomes punishable execution. This article examines the conventional stages of intention, preparation, attempt and completion, with particular attention to section 62 of the Bharatiya Nyaya Sanhita, 2023. It considers three Supreme Court decisions that illuminate the boundary between preparation and attempt and assesses the value and limits of proximity as a legal test. It also examines animal cruelty as a possible context for preventive intervention where vulnerable people face credible threats. The central argument is that evidence of risk and proof of an attempted offence answer different questions. Prevention must operate through lawful powers, while conviction must rest on the mental and physical elements of an identified offence. Clear statutory analysis and reasoned evaluation of conduct offer a defensible balance between timely protection and individual liberty.

International Journal of Law Management & HumanitiesVol. 9(V)
Sri Chandrasekharendra Saraswathi Viswa Mahavidyalaya (IN)
Peace, justice, and strong institutions
Openalex Percentile: Top 6%
Criminal Law and Policy
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Stages of Crime: Preparation and Attempt under the Bharatiya Nyaya Sanhita, 2023 — Lekshmi V.S, R Varshini · International Journal of Law Management & Humanities (2026) | TGRS Research Map | TGRS