When you slice a list, you get a list.
When you see there is nothing inside the returning list, you know that means end of list, contains zero element.
Slicing and indexing return object at different level.
This should signal an explicit error, which invalid index is indeed. If user believes for some reason the invalid indexing is ok, then it could be caught and handled. No ambiguity.
These are, in the end, relatively arbitrary language design decisions.