Under the Bharatiya Nyaya Sanhita, 2023, where the accused caught hold of a girl, dragged her by force…
Under Section 64 read with Section 62 of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 376 read with Section 511 of the Indian Penal Code, 1860), an attempt to commit…
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Under the Bharatiya Nyaya Sanhita, 2023, where the accused caught hold of a girl, dragged her by force to the side of the bushes, threw her down on the ground, removed her undergarments, got over her and attempted to commit penetration, but before he could achieve any penetration or physical contact with her private parts she managed to push him away and escape when passers-by approached:
Answer and explanation
Correct answer C
Under Section 64 read with Section 62 of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 376 read with Section 511 of the Indian Penal Code, 1860), an attempt to commit an offence is a direct movement towards its commission after the preparations are complete. Where the accused dragged the victim behind bushes, threw her to the ground, removed her undergarments, and tried to penetrate her, his acts went beyond mere preparation or an assault to outrage modesty under Section 74 of the Sanhita, constituting a proximate step towards the commission of rape that failed only because of external interruption and the victim's escape (Koppula Venkat Rao v. State of A.P., (2004) 3 SCC 602).
Because no penetration or physical contact within the meaning of Section 63 of the Bharatiya Nyaya Sanhita, 2023 occurred before the victim escaped, the offence did not culminate in completed rape, making the accused liable for attempt to commit rape.
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