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Under the Indian Penal Code, 1860, which one of the following statements about "Theft" is correct ?
Explanation
Under the Indian Penal Code (IPC), 1860, "Theft" is defined in Section 378, while Section 379 prescribes the punishment for it. Therefore, statement A is incorrect. According to the definition in Section 378, the essential ingredients of theft are:
- Dishonest intention to take property.
- The property must be movable; immovable property cannot be the subject of theft until it is severed from the earth. Thus, statement B is incorrect.
- The property must be taken out of the possession of another person. Thus, statement D is correct.
- The taking must be without that person's consent.
- The perpetrator must move the property in order to such taking.
In theft, the offender takes the property without consent; delivery of property by the victim (which occurs in cases like extortion or cheating) is not an element. Thus, statement C is incorrect.
SIMILAR QUESTIONS
What is the punishment prescribed for the offence of theft under Section 379 of the Indian Penal Code, 1860 ?
Which of the following statements is/are correct ? 1. First Law Commission recommended Indian Penal Code, 1860. 2. Indian Penal Code, 1860 has been completely replaced by the Bharatiya Nyaya Sanhita, 2023. Select the answer using the code given below :
Whoever voluntarily assists in concealing or disposing of property which he knows to be stolen, shall :