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'A’ makes an attempt to steal some jewels by breaking open a box, and finds, after so opening the box, that there is no jewel in it. He has committed
Question

'A’ makes an attempt to steal some jewels by breaking open a box, and finds, after so opening the box, that there is no jewel in it. He has committed the offence of

A.

Theft

B.

Attempt of theft

C.

Criminal breach of trust

D.

All the above

Correct option is B

The correct answer is (b) Attempt of theft.
Explanation:
· Attempt of Theft: According to Section 511 of the Indian Penal Code (IPC), whoever attempts to commit an offence punishable by this Code with imprisonment, and in such attempt does any act towards the commission of the offence, shall be punished. In this case, 'A' attempted to steal jewels by breaking open a box, but failed to complete the theft because there were no jewels. Therefore, he is guilty of attempting to commit theft.
Information Booster:
1. Section 511, IPC: This Section deals with attempts to commit offences and provides punishment for attempting to commit offences punishable with imprisonment. It covers attempts to commit theft, burglary, and other criminal acts.
2. Attempt Definition: An attempt to commit an offence involves an intention to commit a specific crime and an act done towards its commission. The act must be sufficiently proximate to the intended crime to constitute an attempt.
3. Elements of Attempt:
· Intention: The person must have a clear intention to commit the offence.
· Preparation: The person must take preparatory steps towards the commission of the offence.
· Proximate Act: The person must perform an act that is a direct movement towards the commission of the offence.
Additional Information:
· Theft (Section 378, IPC): Theft involves the intention to take property dishonestly without the owner's consent and moving the property for such taking. Since there were no jewels, the offence of theft was not completed.
· Criminal Breach of Trust (Section 405, IPC): This offence involves the misappropriation or conversion of property entrusted to someone. It is not applicable in this case as 'A' did not have any property entrusted to him.
· Difference from Completed Offence: Attempted offences are incomplete offences where the intended crime is not fully executed, but the attempt itself is punishable.

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