Locus Poenitentiae Analysis

PREPARATION

Preparation is the second stage of crime. It means arranging things which are necessary for the commission of an offence. The law ignores the acts of preparation. It only takes this into account when it crosses the possibility of an innocent intention. Only that preparation is present

Preparation Not Punishable

In general the stage of preparation is not punishable by the Indian Penal Code, because preparation without ant motive is only an harmless act. It would be impossible to show in most cases that preparation is done without an evil intent because proving an evil intent is very difficult wok and preparation is only punishable when it is done with an evil intent.

Besides, a mere preparation would not make an individual punishable

The Locus Poenitentiae test

The Latin expression speaks about time for repentance. In Locus Poenitentiae the word Locus means, a place,- a word frequently used to denote the place in or at which some material act or even such as crime, delict or breach of contract took place. Locus Poenitentiae means the opportunity to withdraw from a bargain before it has become fully Constituted and become binding. In simple language an act will amount to a mere preparation if a man on his own accord, before the criminal act is carried out, gives it up. It is, thus, possible that he might of its own accord, or because of the fear of unpleasant consequences that might follow, desists from the completed attempt. If this happens, he does not go beyond the limits of preparation and does not enter the arena of attempt. He is, thus at the stage of preparation which cannot be