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 (BN

  • S , 2023, what is the legal liability of A?
A A is guilty of 'Theft' under Section 303.
B A has committed no offence because the 'factual impossibility' of the act (empty box) negates the crime.
C A is guilty of 'Attempt to commit an offence' under Section 62.
D A is only guilty of 'Mischief' for breaking the box.
E A is guilty of 'House-breaking' under Section 331.
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