A person breaks open a box intending to steal jewels believed to be inside. The box is empty. Which…
Illustration (a) to section 62 treats breaking open the box as an act towards theft, although the intended jewels are absent. The person has committed attempted theft.
Choose your answer
A person breaks open a box intending to steal jewels believed to be inside. The box is empty. Which offence does illustration (a) to section 62 of the Bharatiya Nyaya Sanhita, 2023 illustrate?
Answer and explanation
Correct answer C
Illustration (a) to section 62 treats breaking open the box as an act towards theft, although the intended jewels are absent.
The person has committed attempted theft.
Option feedback
Option A
Breaking open the box is an act towards the intended theft, even though the jewels are absent.
Option B
Completed theft requires movement of the property in order to take it. The intended jewels were absent.
Option C
Breaking open the box is an act towards commission of the theft. The absence of jewels prevents completion and leaves a punishable attempt.
Option D
Breaking open a box does not establish the entry or departure required for house-breaking under section 330(2).
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