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Q129
(CISF/2017)
Polity & Governance › Governance, Policies & Social Justice
Which one of the following cannot be the subject matter of theft ?
Explanation
Theft is defined under Section 378 of the Indian Penal Code (IPC), 1860 (now Section 303 of the Bharatiya Nyaya Sanhita, 2023). It involves the dishonest moving of "movable property" out of the possession of any person without consent.
- Human beings: In legal jurisprudence, a human being is a person with rights, not "property" or "chattel." Therefore, taking a human being against their will constitutes kidnapping or abduction, but never theft.
- Crops: Under Explanations 1 and 2 of Section 378, things attached to the earth become movable property (and thus capable of being stolen) the moment they are severed from the earth.
- Animals: Animals are considered corporeal movable property and are standard subjects of theft.
- Electricity: Although the Supreme Court held in Avtar Singh v. State of Punjab (1965) that electricity is not "movable property" under the IPC, it is specifically defined and punished as "theft" under Section 135 of the Electricity Act, 2003.
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SIMILAR QUESTIONS
Which one of the following is not an essential ingredient of the offence of theft ?
Which one of the following with regards to offence of theft is correct ?
"A" causes cattle to enter upon a field belonging to "Z", intending to cause and knowing that he is likely to cause damage to "Z"s crop. "A" has committed the offence of