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Which one of the following with regards to offence of theft is correct ?
Explanation
Under Section 378 of the Indian Penal Code (and Section 303 of the Bharatiya Nyaya Sanhita), theft is defined by five essential ingredients: (1) Dishonest intention to take property; (2) The property must be movable; (3) It must be taken out of the possession of another person; (4) It must be taken without that person's consent; and (5) There must be a moving of the property in order to such taking.
- Option B is correct: Dishonest intention (animus furandi) is the core mental element (mens rea) and the gist of the offence.
- Option A is incorrect: Theft is an offence against possession, not ownership.
- Option C is incorrect: "Moving" the property is a mandatory requirement for the actus reus of theft.
- Option D is incorrect: Only movable property can be stolen; immovable property cannot be the subject of theft.
SIMILAR QUESTIONS
"A" finds a ring lying on the highway and keeps it with him. Which one of the following statements is correct ?
'A' cut down a tree on 'B's ground, with the intention of dishonestly taking the tree out of 'B's possession without 'B's consent. Which one of the following statements is correct ?
Consider the following statements in terms of Bharatiya Nyaya Sanhita, 2023 : 1. Anyone who intends to take dishonestly any movable property out of the possession of any person without that person's consent is said to have committed the offence of theft. 2. Any person convicted of committing the offence of snatching shall be punished with imprisonment for a term of four years. Which of the statements given above is/are correct ?
Under the Indian Penal Code, 1860, which one of the following statements about "Theft" is correct ?
Which one of the following is not correct with respect to the offence of mischief by fire or explosive substance with intent to destroy house?