A makes an attempt to pick the pocket of Z by thrusting his hand into

A makes an attempt to pick the pocket of Z by thrusting his hand into Z’s pocket. A fails in the attempt in consequence of Z having nothing in his pocket. A is guilty of

theft
attempt to commit theft
no offence
using force
This question was previously asked in
UPSC CISF-AC-EXE – 2019
Option B is correct. This scenario describes an attempt to commit theft under Section 511 of the Indian Penal Code, 1860, read with the definition of theft under Section 378. A forms the intention to commit theft (dishonestly taking movable property out of Z’s possession without consent) and does an act towards its commission (thrusting hand into pocket). The failure to complete the act (because the pocket is empty) does not negate the attempt.
– An attempt to commit a crime requires the intention to commit the crime and an overt act done towards its commission.
– The failure to complete the crime or the fact that the crime was impossible to complete due to circumstances unknown to the offender (like an empty pocket) does not prevent the act from being an attempt, provided the act done was proximate enough to the intended crime.
– Theft requires the actual moving of movable property. Since there was nothing in the pocket, theft was not completed.
– Section 511 IPC punishes attempts to commit offences punishable with imprisonment for life or other imprisonment. Theft (punishable under Section 379 IPC) falls under “other imprisonment”.
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