Attempt to cause miscarriage requires an overt act capable of advancing the offence, not merely harmless preparation.

Attempt to cause miscarriage requires an overt act that has moved beyond mere intention and preparation and is capable, in law, of forming part of the offence. Where the substance administered is in fact harmless and intrinsically incapable of causing miscarriage, the act cannot satisfy the statutory requirement of an attempt, because the failure must arise from circumstances independent of the accused's volition. On the proved facts, the accused's conduct did not amount to an act towards commission of miscarriage, so the conviction for attempt to cause miscarriage was unsustainable and was set aside, and the appellant was acquitted.

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Issues: Whether administering a harmless substance, believed to be capable of causing miscarriage, constitutes an attempt to cause miscarriage under the Penal Code.

Analysis: An attempt requires more than intention and preparation; there must be an overt act done towards the commission of the offence. Where the substance administered is in fact harmless and incapable of causing miscarriage, the act is not one that can be treated as part of the commission of that offence. The failure to bring about the result must arise from circumstances independent of the accused's volition before an attempt can be made out. On the proved facts, the accused administered a harmless substance, so the statutory requirement of an act towards the commission of miscarriage was not satisfied.

Conclusion: The conviction for attempt to cause miscarriage was unsustainable and was set aside, with the appellant acquitted.

Final Conclusion: The ruling limits criminal attempt to conduct that has moved beyond mere preparation and is capable, in law, of constituting part of the offence sought to be completed.

Ratio Decidendi: A person is not guilty of an attempt to commit an offence where the act done, though intended to produce the offence, is in fact a harmless or intrinsically inapt act and not an act towards the commission of that offence.

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