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Q102 (CISF/2023) Polity & Governance › Governance, Policies & Social Justice

'A' being on friendly terms with 'Z' goes into 'Z's library in 'Z's absence and takes away a book without 'Z's express consent for the purpose of merely reading it and with the intention of returning it. 'A' was under the impression that he had 'Z's implied consent to use 'Z's book. 'A' shall be held guilty of which one of the following offences ?

Explanation

This scenario is a direct illustration from Section 378 of the Indian Penal Code (IPC), which defines Theft. For an act to constitute theft, there must be a dishonest intention to take movable property out of the possession of another person without their consent.

In this case, 'A' takes the book with the intention of returning it and under the impression that he has 'Z's implied consent due to their friendship. Because 'A' lacks the 'dishonest intention' (mens rea) to cause wrongful gain to himself or wrongful loss to 'Z', the essential ingredient of theft is missing. Similarly, it does not constitute Criminal Breach of Trust (as there was no entrustment) or Criminal Misappropriation (as there is no dishonest conversion). Therefore, 'A' has committed no offence.

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