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    Question

    A makes an attempt to steal jewels by breaking open a

    box, but finds after opening it that the box is empty. Under the Bharatiya Nyaya Sanhita (BNS), 2023, what is the legal liability of A?
    A A is guilty of 'Theft' under Section 303. Correct Answer Incorrect Answer
    B A has committed no offence because the 'factual impossibility' of the act (empty box) negates the crime. Correct Answer Incorrect Answer
    C A is guilty of 'Attempt to commit an offence' under Section 62. Correct Answer Incorrect Answer
    D A is only guilty of 'Mischief' for breaking the box. Correct Answer Incorrect Answer
    E A is guilty of 'House-breaking' under Section 331. Correct Answer Incorrect Answer

    Solution

    The Correct Answer: 3 In criminal law, "factual impossibility" (the fact that there were no jewels to steal) does not provide a defense against a charge of Attempt . As long as the intention was present and an act was done toward the commission of the crime, the offense is complete.

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