Facts of the Case
A thief unlawfully entered a house with the intention of committing theft. He broke open a locked jewel box expecting to find valuables. However, after breaking the box, he discovered that it was empty. Although he intended to commit theft and performed acts toward that objective, no property was actually stolen because there was nothing inside the box.
The prosecution claims that even though the theft was not completed due to the absence of valuable property, the accused had clearly attempted to commit the offence by taking substantial steps.
Issues in the Case
- Whether the thief can be held liable even though no property was stolen?
- Whether breaking into the house and breaking the jewel box with the intention of theft constitutes an “attempt to commit theft”?
- What are the ingredients of criminal attempt under the IPC and whether they are satisfied?
- What offence under the IPC is made out and what punishment can be imposed?
Legal Principles Applicable
A. Theft — Section 378 IPC
The basic ingredients of theft include:
- Dishonest intention to take property,
- Movable property must be taken out of the possession of a person.
Here, no property existed at all. Therefore, the offence of theft is not completed.
B. Attempt to Commit Offence — Section 511 IPC
Section 511 IPC provides punishment for attempting to commit offences punishable with imprisonment.
An attempt consists of:
- Intention to commit the offence, and
- Direct overt act towards commission,
even if the offence is not completed for reasons beyond the accused’s control.
In this case:
- The thief had clear intention to commit theft.
- He performed actions such as entering the house and breaking the jewel box.
- The theft could not be completed only because there was no property to steal—an extraneous circumstance not known to the accused.
Thus, all ingredients of attempt to commit theft are fulfilled.
C. House-breaking or Trespass — Sections 445 & 446 IPC
Entering a house by unlawful means during night or by breaking open any part of the house may amount to house-breaking or lurking house trespass.
However, the principal offence expected here is attempt to commit theft, punishable under Section 511 IPC.
D. Legal Principle: Impossibility is No Defence
Even if the theft was factually impossible (because the jewel box was empty), the accused is still guilty of attempt.
Indian courts consistently hold that:
If a person intends to commit an offence and takes steps towards it, he is guilty of attempt even if completion is impossible due to unknown circumstances.
Possible Judgement
Finding
The thief is punishable under Indian law.
Offence Committed
- Attempt to commit theft under Section 379 read with Section 511 IPC.
- Additionally, house-breaking or lurking house-trespass may apply depending on the manner of entry.
Reasoning
- The accused had dishonest intention to steal.
- He entered the house unlawfully and broke the jewel box—a clear overt act.
- The offence of theft remained incomplete solely because the jewel box was empty.
- Under Section 511 IPC, such conduct amounts to an attempt to commit theft.
Punishment
Under Section 511 IPC:
- Imprisonment up to half of the maximum punishment prescribed for the full offence, or
- Fine, or
- Both.
Since theft under Section 379 IPC is punishable with up to 3 years imprisonment, attempt to commit theft attracts:
Up to 1½ years imprisonment, or
Fine, or
Both.
Additionally, if house-breaking is proved:
Separate punishment under Sections 445/446 IPC may also apply.
About lawgnan
If this explanation helped you understand how attempt, intention, and impossibility work under Indian criminal law—especially in the context of Sections 379 and 511 IPC—then explore more structured, exam-focused legal content on Lawgana.in. Our platform offers clear section-wise notes, landmark case summaries, conceptual diagrams, criminal law principles, and quick mnemonics designed for law students and judiciary aspirants. Strengthen your conceptual clarity, boost your exam preparation, and access high-quality legal resources crafted for easy understanding. Visit Lawgana.in today to learn smarter and stay ahead in your legal journey.
