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Y puts a hand into Z’s pocket intending to steal Z’s money, but the pocket is empty. What offence has Y…

Illustration (b) to section 62 treats reaching into an empty pocket to steal as an attempt. The act goes beyond preparation. Because no property was moved, the theft was…

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Y puts a hand into Z’s pocket intending to steal Z’s money, but the pocket is empty. What offence has Y committed under the Bharatiya Nyaya Sanhita, 2023?

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Answer and explanation

Correct answer E

Illustration (b) to section 62 treats reaching into an empty pocket to steal as an attempt.

The act goes beyond preparation. Because no property was moved, the theft was incomplete under section 303(1).

Option feedback

Option A

Inserting a hand into the pocket with intent to steal is an act towards commission of theft.

Option B

Under section 303(1), theft requires moving movable property in order to take it dishonestly out of another person’s possession without consent. Z’s pocket was empty, so Y moved no property in order to take it.

Option C

The facts show no destruction or qualifying damage to property.

Option D

Y did not use fear to induce Z to deliver property.

Option E

Illustration (b) to section 62 treats trying to pick an empty pocket as a punishable attempt.

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