Question

Given below are Legal Principles followed by a Factual Situation. Apply the principles followed by a factual Situation. Apply the principle to it and select the most appropriate answer for question among the four choices given.
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 jewels in it.

• A. Z has done an act towards the commission of theft and therefore is guilty
• B. In 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 is punishable with imprisonment. So the position is unclear
• D. Police should arrest Z and produce him before the Magistrate as only the court has the authority to decide his guilt or innocence

Answer 1

Answer: (C)

The stated Principle neither defines the offence is punishable with imprisonment. So the position is unclear

There are 4 stages of a crime- Intention-- Preparation-- Attempt and Commission.

The first 2 stages are not punishable as only mens reus is involved in the former stages, whereas in the latter two stages actus reus comes into play, Therefore when the act is in the latter two stages then it is punishable.

The legal principle restates the above principle. An attempt is not an offence until it is an attempt to commit an offence punishable with imprisonment.

The principle doesn't state whether the offence is punishable with imprisonment or not.

Option A is not correct because the legal principle doesn't make an act towards the commission of a crime as an offence. It makes attempt to commit a crime punishable with imprisonment as an offence.

Between option B and C, Option C is the better option as it clearly states the reasoning.