Whether the appellant can be held liable for attempting to cause miscarriage even though the substance was not harmful?
Whoever attempts to commit an offense punishable by this code with transportation or imprisonment, or to cause such an offense to be committed and in such attempt does any act towards the commission of the offense shall be punished.
Whether from the facts of the case it could be inferred beyond a reasonable doubt that the respondents had attempted to export the silver in contravention of the law?
In order to constitute 'an attempt', first, there must be an intention to commit a particular offense, second, some act must have been done which would necessarily have to be done towards the commission of the offense, and, third, such act must be 'proximate' to the intended result. The measure of proximity is not in relation to time and action but in relation to intention.
Whether the appellant is liable for attempting to commit an offense as laid down in section 511 of the IPC?
Attempt to commit an offense can be said to begin when the preparations are complete and the culprit commences to do something with the intention of committing the offense and which is a step towards the commission of the offense. The moment he commences to do an act with the necessary intention, he commences his attempt to commit the offense.
Whether the appellant can be held liable for attempting to obtain the insurance money on false pretense when the police had intervened and prevented its execution?
An attempt to commit a crime is an act done with intent to commit that crime, and forming part of a series of acts which would constitute its actual commission if it were not interrupted.
Whether the appellant could be held liable for an impossible offense as the substance was not a drug and the only vegetable matter?
The statutory offense of attempt under Section 1 of the 1981 Act requires:
(1) an act which was more than merely preparatory to the commission of an offence and
(2) the accused intended to commit an offense.