Question

Given below are a legal principle and a factual situation. Apply the given legal principle to the factual situation and select the most appropriate answer to the question given below:

Principle: Attempt is not an offence until it is an attempt to commit an offence punishable with imprisonment.

Facts: Z makes an attempt to steal some jewels by breaking open a box, and finds after so opening the box, that there is no jewel in it.

• A. Z has done an act towards the commission of theft and therefore is guilty.
• B. If the absence of the definition of offence in the stated principle it cannot be said that Z is guilty
• C. The stated principle neither defines the offence nor specifies that the said offence is punishable with imprisonment. So the position is unclear.
• D. Police should arrest Z and produce him before the magistrate is only the court has the authority to decide his guilt or innocence.

Answer 1

The correct option is C The stated principle neither defines the offence nor specifies that the said offence is punishable with imprisonment. So the position is unclear.

The stated principle neither defines the offence nor specifies that the said offence is punishable with imprisonment. So the position is unclear.

Section 511 of IPC tells about this principle. In the facts, Z makes an attempt but didn't steal anything. He's won't be liable for the punishment.

In this manner it tends to be expressed that an attempting is a stage forward of planning. At the point when an arrangement is managed without taking any kind of action so as to place the preparation into utilization, at that point it can't be considered as an offense.

Hence, C is the correct option.