Question

Read the definition and elements of the attempt, apply them on the given fact situations and answer the question:
Definition of ATTEMPT : Lord Blackburn has said "there is no doubt that there is a difference between a preparation antecedent to an attempt and the actual attempt, but if the actual transaction has commenced which would have ended in the crime if not interrupted, there is clearly an attempt to commit the crime."
1. Fault element : Intention or knowledge requisite for committing an offence; and
2. Conduct Element : does any act towards its commission and has crossed the stage of preparation. This act is so closely connected with, and proximate to the commission that it fails in object because of facts not known to him or because of circumstances beyond his control.
"SINY" with an intention to pick-pocket puts his hand into MINU's pocket. MINU had a loaded pistol in his pocket. The thief touches the pistol and trigger goes on, whereby MINU is shot dead.

• A. SINY will be liable only for attempting to pick-pocket and not for killing because she cannot be treated differently from all other pick-pockets who steal under exactly similar circumstances and same intention, with no risk of causing death and with no greater care to avoid it.
• B. SINY will be liable for attempting to murder.
• C. SINY will be liable for culpable homicide not amounting to murder as his intention was definitely to kill
• D. None of the above

Answer 1

Answer: (A)

SINY will be liable only for attempting to pick-pocket and not for killing because she cannot be treated differently from all other pick-pockets who steal under exactly similar circumstances and same intention, with no risk of causing death and with no greater care to avoid it.

SINY will be liable only for attempting to pick-pocket and not for killing because she cannot be treated differently from all other pick-pockets who steal under exactly similar circumstances and same intention, with no risk of causing death and with no greater care to avoid it .

He had intention of picking pocket and not of causing any harm or injury to MINU . SINY is only guilty for pick pocket . He'll be found guilty under Section 511 of IPC and liable for imprisonment under picking the pocket and not under attempt to murder.