Question

PRINCIPLE: Whoever attempts to commit an offence punishable by the Indian Penal Code and in such attempt does any act towards the commission of the offence, shall be punished. Stealing is an offence punishable by the Indian Penal Code.
FACTS: A makes an attempt to steal some jewels by breaking open a box, and after so opening the box, finds that there is no jewel in it.

• A. A has committed no offence
• B. A has committed the offence of stealing
• C. A has attempted to commit the offence of stealing
• D. None of the above

Answer 1

Answer: (C)

A has attempted to commit the offence of stealing

A has attempted to commit the offence of stealing. Any act done in furtherance of committing an offence is an offence. The law of crime has 4 stages- Intention, Preparation, Attempt, and commission. The former of 2 stages of crime is not punishable but the latter 2 are punishable. It is based on the principle that law doesn't punish the intent but the act. There should be both mental element and physical element present in committing a crime. And only when these two elements are present, the act becomes an offence.

Therefore, when A thinks of stealing jewels the essential of mens rea is fulfilled and when he tries to or attempts to steal jewels by breaking open the box of jewels then the other element of actus rea is fulfilled. But since this attempt failed because of impossible situation Therefore A has attempted to commit the offence of stealing and not actually committed stealing.

Section 378 of IPC defines Theft.