Bombay High Court

Queen-Empress v Mangesh Jivaji

(1887) ILR 11 Bom 37618871 min read
The case in brief30-second read
Facts
The accused did an act intended to cause a miscarriage in a woman who was in fact not pregnant.
Issue
Whether an attempt is punishable when the intended offence is impossible.
Held
The act was punishable as an attempt under S.511 IPC since the accused had the intention and did an act towards the offence.
Principle
Impossibility of completing the offence does not prevent liability for attempt.
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Facts

  • The accused did an act intended to cause a miscarriage in a woman who was in fact not pregnant.

Issue

  1. Whether an attempt is punishable when the intended offence is impossible.

Held

  • The act was punishable as an attempt under S.511 IPC since the accused had the intention and did an act towards the offence.

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Citation

Queen-Empress v Mangesh Jivaji (1887) ILR 11 Bom 376

Reported: https://bombayhighcourt.nic.in/libweb/lawreports/ilrbom/ILR%281887%2811%29/ilrbom11.html (ILR volume; not found on IK or SCI). This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.