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Factual Situation: Manish Wanted to Kill Nandini and Had Therefore Gone to the Market to Buy Explosives to Plant in Her House. - Legal Reasoning

MCQ

Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer.

LEGAL PRINCIPLE: 
1. Preparation to commit an offence is not an offence.
2. After one has finished preparation to commit an offence, any act done towards committing the offence with the intention to commit it, is an attempt to commit the offence which is by itself an offence.

FACTUAL SITUATION: Manish wanted to kill Nandini and had therefore gone to the market to buy explosives to plant in her house. Manish kept those explosives in his godown as he planned to plant them early next morning. But as the explosives were stolen in the night he could not plant them in Nandini's house. However, Nandini came to know about Manish's plan and therefore wants to file a complaint against him. Will she succeed?  DECISION:

Options

  • Yes, because he has done something more than mere preparation.

  • No, because Nandini did not die.

  • Yes, because there existed a mala fide intention.

  • No, because mere preparation is no offense.

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Solution

No, because mere preparation is no offense.

Concept: Criminal Law
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