Facts of the Case
A, with the intention to steal, enters B’s house or room and opens B’s almirah hoping to find valuables. However, after opening it, A discovers that the almirah is empty. No movable property is actually taken, and nothing is removed from B’s possession.
The only act committed is opening the almirah with dishonest intention.
The question is whether A has committed any offence under the Indian Penal Code (IPC) despite the absence of actual theft.
Issues in the Case
- Whether A’s act of opening B’s almirah with intention to steal amounts to theft under Section 378 IPC?
- Whether A’s act can be classified as an attempt to commit theft under Section 511 IPC?
- Whether the offence of attempted theft requires actual movable property to be present?
- Whether mere preparation amounts to an offence, or whether A’s act constitutes an attempt?
Legal Principles Applicable
a) Section 378 IPC – Theft
The essentials of theft are:
- Dishonest intention to take property
- Movable property
- Out of possession of someone
- Without consent
- Moving that property in order to take it
In this case, the almirah is empty, so there is no movable property. Hence, theft is not complete.
b) Doctrine of Attempt – Section 511 IPC
Section 511 punishes:
- Attempts to commit offences punishable with imprisonment,
- Even if the attempt fails,
- Provided the act done is more than mere preparation.
Tests for attempt (as per Indian case law):
- The act must be proximate to the commission of the offence.
- There must be a direct movement towards the commission of the crime.
- The act must be unmistakably connected with the offence.
Opening an almirah with intention to steal is an act towards committing theft, and not merely preparation.
Relevant Case Laws
1. Malkiat Singh v. State of Punjab
The Supreme Court held that attempt begins where preparation ends, and when the act is proximate to the commission of the offence.
2. State of Maharashtra v. Mohammad Yakub
Attempt includes acts that are immediate steps directly intended to commit the offence.
3. R v. Eagleton (English case often cited in Indian courts)
An act must be “immediately connected” to the offence to be considered an attempt.
Applying these principles, A directly attempted to steal by opening the almirah.
c) Concept of “Impossibility” in Criminal Law
Even if the almirah is empty, the attempt to commit theft does not fail merely because the crime was factually impossible.
Example: If someone picks an empty pocket intending to steal, it still amounts to attempt to commit theft.
Indian courts have upheld this principle.
Conclusion of Legal Principles
- No theft under Section 378 IPC
- But clear attempt to commit theft under Section 511 IPC
- Factual impossibility does not absolve criminal liability
Possible Judgement
Based on the facts and relevant legal principles, the court would likely hold:
Judgement
A is not guilty of theft, because no movable property existed in the almirah.
However, A is guilty of attempt to commit theft under Section 511 read with Section 379 IPC, because:
- He had a dishonest intention to steal
- He performed an act directly connected with the commission of the offence
- The act went beyond mere preparation
- The crime failed only due to impossibility
Punishment
Under Section 511 IPC, A may be punished with:
- Imprisonment up to half of the maximum term prescribed for the actual offence of theft
or - Fine
or both.
Thus, A will be convicted for attempt to commit theft, not for theft itself.
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