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Q126 (CISF/2019) Polity & Governance › Governance, Policies & Social Justice

A, intending to murder Z by poison, purchases poison and mixes the same with food which he delivers to Z's servant to place it on Z's table. A is guilty of

Explanation

The scenario described is a classic legal illustration of Section 307 of the Indian Penal Code (IPC) (now corresponding to Section 109 of the Bharatiya Nyaya Sanhita), which defines the attempt to murder. In criminal jurisprudence, a crime typically progresses through four stages: intention, preparation, attempt, and actual commission.

While purchasing poison and mixing it with food is considered 'preparation', the act of delivering that food to a servant with the specific direction to place it on the victim's table constitutes an 'attempt'. At this point, the accused has performed an overt act that directly moves toward the execution of the crime. According to Illustration (d) of Section 307 IPC, once the poisoned food is delivered to the servant for the purpose of reaching the victim, the stage of preparation is over, and the person is guilty of an attempt to commit murder.

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SIMILAR QUESTIONS

CISF · 2021 · Q112 Relevance score: -1.88

"A" causes cattle to enter upon a field belonging to "Z", intending to cause and knowing that he is likely to cause damage to "Z"s crop. "A" has committed the offence of