Question

Y makes an attempt to steal some jewels by breaking open a box and finds, after opening the box, that there is no jewel in it. Choose the appropriate answer.

• A. Y is not guilty of attempt to theft because the box was empty.
• B. Y is guilty of attempt to commit theft.
• C. Y is guilty of trespass.
• D. Y is not guilty of any offence.

Hint:

Failure is built into every attempt, so it cannot be a defence. Ask only about Y's intention and whether his act went past mere preparation.

Answer 1

The Correct Option is B

Step 1: Understanding the Question.
Y broke open a box meaning to take the jewels inside, and the box turned out to be empty. He therefore took nothing. The question is whether the emptiness of the box saves him from criminal liability for attempt.

Step 2: The Rule Being Tested.
An attempt is made up of two things, a guilty intention to commit the offence and an act done towards committing it that goes beyond mere preparation. The offence of attempt is complete once those two elements exist. Whether the attempt succeeded is irrelevant, because if it had succeeded the charge would be the full offence and not an attempt at all.
The law also deals with impossible attempts. Where a person does everything he set out to do, and fails only because of some fact he did not know, he is still guilty of the attempt. The Penal Code carries this as an illustration, using the example of a man who puts his hand into another's pocket meaning to steal, and finds the pocket empty. He is guilty of attempting theft.

Step 3: Applying the Rule to Y.
Take the two elements in turn.
Intention: Y set out to steal jewels. The facts say so plainly, so the guilty mind is present.
Act beyond preparation: Y did not stop at planning or at buying tools. He actually broke open the box. That is an overt act aimed straight at taking the jewels, and it is the last thing he could do before laying hands on them. It is well past mere preparation.
Both elements are made out, so the attempt is complete. The emptiness of the box is a fact Y knew nothing about. It defeated his plan, but it did not touch his intention or his act. So Y is guilty of attempt to commit theft.

Step 4: Why the other options fail.
Option (A) treats impossibility as a defence. It is not. If an empty container excused the wrongdoer, every thief who picked a barren pocket would walk free even though he did exactly what a successful thief does.
Option (C) is off the point. Trespass is not what the facts describe, since nothing tells us Y entered any property unlawfully, and in any case the charge that fits his conduct is attempt to theft.
Option (D) ignores both his intention and his overt act. Y did far more than think about stealing. He broke the box open.

Final Answer:
Y had the intention to steal and did an overt act beyond preparation, so he is guilty of attempt to commit theft. Option (B) is correct.