Asked March 01, 2017

Impossibility in attempt

  • 1 Answer

Our servant wanted to cause miscarriage to his wife so he got him a medicine which she didnt want to take. He was trying to force feed her that medicine when she screamed and then later police came. As per police the medicine has nothing to do with abortion, servant didn't have much knowledge so brought wrong medicine by chance. Can he be liable still?

Answer 1

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There are two types of impossibility Internal and External. In the internal imposibility the reason for failure of act is relating to the offender whereas in external, the factor causing failure is external. In the former the offender is not held liable whereas in the latter there is liability. In the current fact situation the servant himself was the reason for failure of his plan as he didnt make any attempt to get the correct medicine for miscarriage. This is similar to Asgar Ali Pradhania case and the servant will not be held liable.

Agree Comment 0 Agrees over 4 years ago

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