Asgarali Pradhania v. Emperor

Case Title: Asgarali Pradhania v. Emperor | Citation: AIR 1933 Cal 833

The Court said: an attempt needs a real, effective step towards the offence. Here, the items offered were harmless and could not cause miscarriage. So, even with bad intent, the law on attempt (IPC 312/511) was not met.

• Can the appellant be guilty of attempting to cause miscarriage when the substance used was not capable of causing it?

Attempt (IPC 511): A person who attempts an offence punishable with imprisonment, and in such attempt does any act towards its commission, is punishable.

Causing Miscarriage (IPC 312): Punishes causing miscarriage without the woman’s consent; attempt would require an act that can bring about miscarriage.

• Act must be capable of producing the prohibited result.
• Mere preparation or ineffective steps are not enough.

Held: Conviction set aside. The Court ruled that offering or trying to administer a harmless substance is not an act towards the offence of causing miscarriage. An attempt needs an act that is capable of achieving the prohibited result. Here, medical evidence showed incapacity; thus, no attempt under IPC 312/511.

For criminal attempt, the act must move from preparation to a proximate act that can produce the result. If the means are inherently or quantitatively incapable of causing miscarriage, the law of attempt does not apply.

• Clarifies the boundary between intention and attempt in IPC.
• Protects against over-criminalising acts that cannot achieve the offence.
• Guides use of medical evidence to evaluate capability in attempt cases.

1. Attempt requires an act that is capable of causing miscarriage (IPC 312/511).
2. Harmless or ineffective means do not satisfy the proximity test.
3. Failure must be due to an external factor, not inherent incapacity, to count as attempt.

Mnemonic: “No Power, No Attempt.”

• No Power: Means were incapable of causing miscarriage.
• No Attempt: Law needs a capable, proximate act.
• Result Matters: Capacity, not just intent, decides liability.

Issue: Is there an attempt to cause miscarriage when the substance used cannot cause miscarriage?

Rule: IPC 511 + IPC 312 — act must go beyond preparation and be capable of producing miscarriage.

Application: Items were medically harmless in the given quantity; trying to make her consume them was not a capable, proximate act.

Conclusion: No criminal attempt; conviction cannot stand.

Attempt

A step beyond preparation that is capable of completing the offence if not interrupted.

Proximate Act

An immediate, effective step towards the crime, not a distant or ineffective move.

Incapacity (of Means)

When the method or quantity cannot bring about the intended result.