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Q105 (CISF/2019) Polity & Governance › Governance, Policies & Social Justice

A is a driver of a van which carries cash to refill ATMs of a bank. B is security personnel and authorized to refill that cash in ATMs. At a red light when B steps down to ease himself, A on the pretext of taking turn, runs away with the cash van. At which of the following points is the commission of theft completed?

Explanation

According to Section 378 of the Indian Penal Code (IPC) (now Section 303(2) of the Bharatiya Nyaya Sanhita), the offense of theft is completed the moment a person moves movable property with dishonest intention to take it out of the possession of another person without their consent.

Explanation 4 of the section clarifies that a person who causes a thing to move is said to move it. Specifically, Illustration (c) to Section 378 states that if a person drives an animal (or vehicle) carrying treasure in a certain direction to dishonestly take it, the theft is committed as soon as the movement begins. In this case, when driver A moves the van in a direction away from the pre-determined route with the intent to steal, the act of "moving" is satisfied, and the commission of theft is legally complete.

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