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'A' cuts down a tree on 'B's land with the intention of dishonestly taking the tree out of 'B's possession without 'B's consent. What offence is committed by 'A' ?
Explanation
This scenario is a classic illustration of Theft as defined under Section 378 of the Indian Penal Code (IPC) (now Section 303 of the Bharatiya Nyaya Sanhita). According to the law, theft involves moving movable property out of someone's possession without consent with dishonest intention.
Key legal principles include:
- Explanation 1: A thing attached to the earth (like a tree) is not movable property, but it becomes capable of being the subject of theft as soon as it is severed from the earth.
- Explanation 2: The act of severance itself can constitute the "moving" required to complete the offence.
Illustration (a) of Section 378 explicitly states that as soon as 'A' has severed the tree with the intent to take it dishonestly, he has committed the offence of theft. Therefore, the crime is complete the moment the tree is severed, regardless of whether it has been carried away.
SIMILAR QUESTIONS
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