Gita breaks open Sita’s locked jewellery box intending to steal a necklace she believes is inside. The…
Section 62 treats breaking open an empty box in an effort to steal jewellery as an attempt. There is no completed theft of the necklace under section 303(1), because the…
Choose your answer
Gita breaks open Sita’s locked jewellery box intending to steal a necklace she believes is inside. The box is empty. Under the Bharatiya Nyaya Sanhita, 2023, what is Gita’s liability with respect to the necklace?
Answer and explanation
Correct answer B
Section 62 treats breaking open an empty box in an effort to steal jewellery as an attempt. There is no completed theft of the necklace under section 303(1), because the intended property was absent and was never moved.
Option feedback
Option A
Completed theft requires moving the property intended to be taken.
Option B
Breaking open the box with intent to steal is an act toward commission under section 62.
Option C
Breaking open the targeted box goes beyond preparation.
Option D
Section 314 requires misappropriation or conversion of movable property. Gita did neither with the missing necklace.
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