X with the intention to steal ornaments opened Y's box and found it empty. Which of the following statement/statements is/are correct? (A) X is not liable for attempt to commit theft as the box being empty, commission of theft was impossible. (B) X is not liable for attempt to commit theft as he did not do the penultimate act towards commission of theft. (C) X is not guilty of attempt to commit theft as the ornaments were not in the box. (D) X is guilty of attempt to commit theft as he had an intention to commit theft and did an act toward its commission.
Select the correct answer:

Correct option is D

X had the intention and took action toward committing theft. Under Section 511 IPC (Attempt), even if the theft was factually impossible, attempt liability arises.
Information Booster:
· Section 511 IPC (62 BNS) punishes attempts to commit offences punishable with imprisonment.
· Impossibility is no defence if an act is done with criminal intention and is more than mere preparation.
Additional Information:
· Example: Picking an empty pocket still counts as an attempt to steal.