Write a short note on Inchoate offences
The Criminal Jurisprudence has divided the commission of an offence into four stages: –
When an offender does any criminal act and because of that criminal act he achieves his desired result i.e., reaches to the final stage of the crime then it is considered that the offender has committed a complete offence.
Whereas, when an offender does any criminal act but he fails to achieve his desired result from that criminal act i.e., fails to complete all the stages of crime then in such a case, it is considered that the offender has committed an inchoate offence and he will be held liable accordingly.
So, in general sense, it can be considered that inchoate offences are incomplete offences. Whenever an offender after arranging all the material does his last act with the full intention to commit a principal offence but fails to achieve the desired result due to some uncontrollable circumstances then in such a situation it is considered that the offender has not committed principal offence but he has committed an inchoate offence.
According to the Criminal Justice System, if the offender commits an inchoate offence and fails to commit principal offence then it does not mean that he will be set free. He will be punished for the commission of an inchoate offence and moreover to prevent him from committing the principal offence in the future.
The offences of attempt, abetment and criminal conspiracy are some of the examples of an inchoate offences. These offences are incomplete offences. They are not complete in themselves. They are committed only to commit the principal offence and if the offender fails to commit the principal offence, then only it is considered that he has committed these offences.
For example: – A wanted to kill B and for doing so he bought a pistol and went to B’s house. After reaching there, A started abusing B and shot a gunshot at B which hit B on his left shoulder but B survived. Here, intention of A was to kill B but he failed to achieve his desired goal i.e., failed to kill B. So, in this case, A would not be held liable for having committed the offence of culpable homicide but he would be held liable for committing the offence of attempt to commit culpable homicide.