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A enters B’s dwelling without permission to steal jewellery. A moves B’s box to the courtyard and opens…

Entering the dwelling to commit theft amounts to house-trespass under section 329. Opening the box to take the expected jewellery is an act towards theft under section 62,…

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A enters B’s dwelling without permission to steal jewellery. A moves B’s box to the courtyard and opens it intending to take any jewellery inside. A has no intention of taking the box itself and finds no jewellery. Which offences has A committed under the Bharatiya Nyaya Sanhita, 2023?

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Answer and explanation

Correct answer D

Entering the dwelling to commit theft amounts to house-trespass under section 329. Opening the box to take the expected jewellery is an act towards theft under section 62, illustration (a), even though the box contains no jewellery.

Option feedback

Option A

A committed house-trespass on entry and attempted the theft by opening the box to take the jewellery.

Option B

A lacked the dishonest intention needed for theft of the box itself. No jewellery was taken.

Option C

Entering the dwelling to steal independently amounts to house-trespass.

Option D

The entry to steal amounts to house-trespass. Opening the box to take the expected contents completes the attempt.

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