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Under section 62 of the Bharatiya Nyaya Sanhita, 2023, consider these propositions. Assertion: An…

Section 62 expressly illustrates a person thrusting a hand into another’s empty pocket intending theft; factual impossibility does not prevent liability there. The provision…

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Under section 62 of the Bharatiya Nyaya Sanhita, 2023, consider these propositions. Assertion: An attempt to steal cannot be punishable if the targeted pocket is empty. Reason: The general attempt provision concerns an attempt to commit an offence punishable by the Sanhita, rather than an intended act that is not an offence at all. Which evaluation is correct?

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Answer and explanation

Correct answer B

Section 62 expressly illustrates a person thrusting a hand into another’s empty pocket intending theft; factual impossibility does not prevent liability there. The provision still requires an attempt to commit a punishable offence. An intended act that would not be an offence is a different issue from an empty pocket defeating an intended theft.

Option feedback

Option A

The reason accurately describes the offence requirement of section 62.

Option B

The empty-pocket illustration disproves the assertion, while the provision requires an attempted punishable offence.

Option C

The statutory illustration expressly makes the empty-pocket theft attempt punishable.

Option D

The assertion is contradicted by the illustration, and the reason states the offence requirement.

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