Prank to kill
My friend just for a prank used a toy gun (which looked real) to attack on a stranger on the road. The stranger caught hold him and not is trying to hold him liable for attempt to kill. Is it possible?
This is a perfect example of impossible attempt. There is no provision dealing with this directly but there are case laws suggesting internal impossibility where the person fails the attempt due to his or her own act. As per caselaws such an attempt goes unpunished.
Alternatively the accused in this case can take the defence of triviality under IPC that the act was of slight harm.
Section 95 in The Indian Penal Code
95. Act causing slight harm.—Nothing is an offence by reason that it causes, or that it is intended to cause, or that it is known to be likely to cause, any harm, if that harm is so slight that no person of ordinary sense and temper would complain of such harm.
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