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Q110 (CISF/2019) Polity & Governance › Governance, Policies & Social Justice

A finds a ring belonging to Z on a table in Z's house. A dishonestly removes the ring. A has committed the offence of

Explanation

This scenario is a direct application of Section 378 of the Indian Penal Code (IPC), which defines Theft. The essential ingredients of theft include the dishonest intention to take movable property out of the possession of another person without their consent and moving that property to effect such taking.

  • Since the ring was on a table in Z's house, it was in Z's possession.
  • A's act of dishonestly removing it completes the offence of theft.

This specific case is provided as Illustration (p) to Section 378 in the IPC. It is not criminal misappropriation (Section 403) because that typically applies to property not in anyone's possession at the time it is found. It is not criminal breach of trust as there was no entrustment, nor extortion as no threat or fear was involved.

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