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Q. |
Give correct response. A administers to B a drug in order to procure abortion believing her to be pregnant but in fact she is not pregnant, Held that : |
A. | A is liable for attempt because the actual commission of the offence was avoided by reason of a fact beyond A’s control i.e. the fact that the lady was not pregnant. |
B. | A is not liable for attempt. Since the woman was not pregnant, therefore, causing of abortion was a factual impossibility. |
C. | Since the woman was not pregnant, therefore, A had attempted only a legal impossibility and, therefore, the would not be liable. |
D. | A is liable for causing hurt by poisoning. |
Answer» A. A is liable for attempt because the actual commission of the offence was avoided by reason of a fact beyond A’s control i.e. the fact that the lady was not pregnant. |
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Indian Penal Code (IPC 1860)No comments yet