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    <title>1933 (7) TMI 16 - CALCUTTA HIGH COURT</title>
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    <description>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&#039;s volition. On the proved facts, the accused&#039;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.</description>
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    <pubDate>Fri, 21 Jul 1933 00:00:00 +0530</pubDate>
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      <title>1933 (7) TMI 16 - CALCUTTA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=273557</link>
      <description>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&#039;s volition. On the proved facts, the accused&#039;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.</description>
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      <pubDate>Fri, 21 Jul 1933 00:00:00 +0530</pubDate>
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