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A puts a hand into B's pocket intending to steal money, but the pocket is empty. What offence does this…

Section 62, illustration (b), expressly treats an unsuccessful attempt to pick an empty pocket as punishable attempt. The empty pocket prevents completion of theft because…

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A puts a hand into B's pocket intending to steal money, but the pocket is empty. What offence does this conduct constitute under the Bharatiya Nyaya Sanhita, 2023?

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Answer and explanation

Correct answer A

Section 62, illustration (b), expressly treats an unsuccessful attempt to pick an empty pocket as punishable attempt. The empty pocket prevents completion of theft because no property is moved.

Option feedback

Option A

Putting a hand into the pocket is an act towards the theft, as illustration (b) to section 62 shows.

Option B

There is no property moved out of B's possession, so the theft is not complete.

Option C

The facts disclose no destruction or injurious change to property amounting to mischief.

Option D

The failed taking is still punishable once an act towards theft has been done.

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