State in which of the following cases, P is guilty of attempting to commit the offence?
Under Section 109(1) Illustration (a) of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 307 Illustration (a) of the Indian Penal Code, 1860), shooting at a person with…
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State in which of the following cases, P is guilty of attempting to commit the offence?
Answer and explanation
Correct answer B
Under Section 109(1) Illustration (a) of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 307 Illustration (a) of the Indian Penal Code, 1860), shooting at a person with the intention to kill them under circumstances that would amount to murder if death ensued constitutes the offence of attempt to murder, even if the shot misses because the target is beyond the range of the gun. By contrast, merely sending a servant to purchase stamp paper is only preparation and not an attempt, while pouring a harmless non-poisonous liquid or administering a substance to a woman who is not pregnant at all fails due to absolute factual/legal impossibility of the act as framed in the other options.
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