Question

Y makes an attempt to steal some jewels by breaking open a box and finds, 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:

In criminal law, impossibility of completion is irrelevant to attempt — what matters is the intent and a substantial step towards the crime.

Answer 1

The Correct Option is B

Step 1: Principle of attempt
Under criminal law, “attempt” is an act done with intent to commit a crime, which forms part of a series of acts that would constitute the crime if not interrupted.
Step 2: Doctrine of impossibility
Even if it is factually impossible to complete the offence (empty box), the attempt is punishable if the accused intended to commit the offence and did an act towards its commission.
Step 3: Applying the facts
- Y broke open the box — clear overt act towards theft.
- Absence of jewels does not negate the criminal liability because the intention + proximate act existed.
\[ \boxed{\text{Y is guilty of attempt to commit theft.}} \]