Give correct response A administers to B a drug in order to procure abortion believing her to be pre...........

Indian Penal Code (IPC) 1860 Offences affecting the Human Body

Give correct response. A administers to B a drug in order to procure abortion believing her to be pregnant but in fact she is not pregnant, Held that :

A is liable for attempt because the actual commission of the offence was avoided by reason of a fact beyond A’s control i.e. the fact that the lady was not pregnant.

A is not liable for attempt. Since the woman was not pregnant, therefore, causing of abortion was a factual impossibility.

Since the woman was not pregnant, therefore, A had attempted only a legal impossibility and, therefore, the would not be liable.

A is liable for causing hurt by poisoning.

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Explanation:

A is liable for attempt because the actual commission of the offence was avoided by reason of a fact beyond A’s control i.e. the fact that the lady was not pregnant.