All Courses
Explore Courses UPSC Exam UPSC Test Series Free Notes EduRev Infinity Get the App Login Join for Free
Sign in Open App
CLAT Exam  >  CLAT Questions  >  Avantik gives his gold chain to Nikhil, a jew... Start Learning for Free
Avantik gives his gold chain to Nikhil, a jeweller, for repairs. Nikhil carries it to his shop. After the gold chain have been repaired, Avantik defaults on the payment. Nikhil refuses to deliver back the gold chain, retains them lawfully as a security for the debt. Avantik, who was aware that Nikhil was retaining the gold chain as a security for his debt, enters the shop openly, and takes the gold chain by force out of Nikhil’s possession, and takes it away. Has Avantik committed theft?
  • a)
    Yes, because he, with dishonest intention, takes the gold chain out of Nikhil’s possession, with the intention of depriving Nikhil of the property as a security for his debt.
  • b)
    Yes, because the gold chain are in Nikhil’s possession, therefore, Nikhil is their rightful owner.
  • c)
    No, because the gold chain belong to Avantik.
  • d)
    None of these.
Correct answer is option 'D'. Can you explain this answer?
Clear all your CLAT doubts with EduRev
Verified Answer
Avantik gives his gold chain to Nikhil, a jeweller, for repairs. Nikhi...
Avantik cannot be  held for committing theft as one of the conditions for theft is use of force is not present. Where as the avantik has taken the chain forcibly from the Nikhil so his act is not fit in any of the option.
View all questions of this test
Most Upvoted Answer
Avantik gives his gold chain to Nikhil, a jeweller, for repairs. Nikhi...
's hands. Avantik can be held liable for committing the crime of theft.
Explore Courses for CLAT exam

Similar CLAT Doubts

Directions: Read the passage and answer the following question.Theft is defined as the physical removal of an object that is capable of being stolen without the consent of the owner and with the intention of depriving the owner of it permanently. The thief need not intend to keep the property himself; an intention to destroy it, sell it, or abandon it in circumstances where it will not be found is sufficient. Automobile theft, for example, frequently involves selling the stolen car or its parts. In some instances, an intention to deprive the owner of the property temporarily also is sufficient, as in the case of stealing a car for a "joyride" and then abandoning it in such a way that the owner is able to reclaim it. The term extortion has been defined explicitly and how it is constituted. Section 383383 of the Indian penal code states that if a person intentionally puts another person in a position of fear or of threat to cause him injury, or deceitfully persuade him so that he may deliver the property or any other valuable goods to another person or any document which has been signed and can be turned into a valuable security.Larceny is the trespassory taking and carrying away of personal goods from the possession of another with the intention to steal. For larceny to occur, three conditions must be met: (1)(1) the goods must be removed from the possession of another without the owner's consent; (2)(2) the goods must not only be taken but also "carried away," a requirement) that is highly formalistic and is satisfied by any movement of the entire object, however slight; and (3)(3) there must be an intention to steal, which is ordinarily defined as an intention to deprive the owner permanently of his property. The unauthorized borrowing of another's property is not larceny if there is an intent to return the property, nor is larceny committed by someone who takes goods in the mistaken belief that they are his own property.Robbery is the commission of theft in circumstances of violence and involves the application or the threat of force in order to commit the theft or to secure escape. Robbery takes many forms, from muggings to bank robberies. The penalty for robbery is usually more severe than that for larceny. Many criminologists consider statistics on the robbery to be among the better indicators of the overall crime rate because, in comparison to larceny or burglary, victims are more likely to report it to the police and the police are more likely to record it in their official statistics.Burglary is defined as the breaking and entering of the premises of another with an intent to commit a felony within. In English common law, burglary consisted of breaking into a dwelling at night to commit a felony, and a separate offence of housebreaking covered daytime entries. In the 20th century, however, the term burglary generally became applied to break-ins committed at any hour of the day and at any fixed structure, vehicle, or vessel. Although the motivation of most burglars is theft, the intention to commit various other offences converts a trespass into a burglary. For example, it is possible to commit burglary with the intention to rape.Legal systems based on common law traditionally distinguished between theft (taking without consent) and fraud (obtaining with consent through deception), a distinction still preserved in many jurisdictions. The two crimes are now rarely regarded as mutually exclusive, however, and it is generally accepted that a crime may involve both theft and fraud (e.g., the theft and subsequent sale of an automobil e). Theft is also usually distinguished from embezzlement, in which the offender carries away goods the possession of which had been legally entrusted to him. As with fraud, theft is a separate crime from embezzlement, but the two offences are not mutually exclusive.Q. A gives his radio to B, who owns a radio repairing shop for repairs. B carries it to his shop and after it has been repaired, A defaults on the payment. B refuses to deliver back the radio, retains them lawfully as a security for the debt. A who was aware that B was retaining the radio as a security for his debt, enters the shop openly, and takes it by force out of B's possession, and takes it away. Has A committed theft?

"The offence of Theft comes under the purview of offences against property. Theft has been dealt with under sections 378 to 382. Theft is an offence in which movable property of a person is taken away away without his/her consent. Theft is defined under the Section 378 of The Indian Penal Code as, any person intending to take any movable property without honesty, out of the possession of any person without that individual’s consent, moves that property in order to such taking is said to commit theft. The subject of the theft is movable property. Movable property is that type of property which is able to move easily and is not stationary or which is not immovable. On the other hand, the kind of property which cannot be moved and is attached to the Earth is considered as immovable property, and it is not the subject of theft. It becomes the subject of theft when it is taken off from the surface of the Earth.Dishonest Intention is the core element of the theft. It is also called as malafide intention which can be represented in the form of mens rea. This is the core element of the theft. The petitioner has to prove that something was taken away by someone with a dishonest intention. However, intention acts as a mental element in this case which is difficult to prove but evidence according to the circumstances of the case is considered for this purpose. The main measurement of dishonest intention is to make a wrongful loss to another person then such an act is considered to be done with dishonest intention.The term extortion has been defined in Section 383 of the Indian penal code, which states that if a person intentionally puts another person in a position of fear or of threat to cause him injury, or deceitfully persuades him so that he may deliver the property or any other valuable goods to another person or any document which has been signed and can be turned in a valuable security, then it is extortion. The ingredients of extortion- (i) Fear of Injury - There must be intentionally putting a person in fear of injury to himself or another. Injury implies illegal harm, and it may be of any kind. (ii) Dishonest Inducement - The element of dishonesty if the essence of the offence of extortion. There can be no extortion unless a person is by threat of injury dishonestly induced to deliver to any person any property or valuable security, or anything signed or sealed which may be converted into valuable security."Q. Joe finds a gold bangle lying on the road. Joe picked the bangle and walked away. Has Joe committed theft?

"The offence of Theft comes under the purview of offences against property. Theft has been dealt with under sections 378 to 382. Theft is an offence in which movable property of a person is taken away away without his/her consent. Theft is defined under the Section 378 of The Indian Penal Code as, any person intending to take any movable property without honesty, out of the possession of any person without that individual’s consent, moves that property in order to such taking is said to commit theft. The subject of the theft is movable property. Movable property is that type of property which is able to move easily and is not stationary or which is not immovable. On the other hand, the kind of property which cannot be moved and is attached to the Earth is considered as immovable property, and it is not the subject of theft. It becomes the subject of theft when it is taken off from the surface of the Earth.Dishonest Intention is the core element of the theft. It is also called as malafide intention which can be represented in the form of mens rea. This is the core element of the theft. The petitioner has to prove that something was taken away by someone with a dishonest intention. However, intention acts as a mental element in this case which is difficult to prove but evidence according to the circumstances of the case is considered for this purpose. The main measurement of dishonest intention is to make a wrongful loss to another person then such an act is considered to be done with dishonest intention.The term extortion has been defined in Section 383 of the Indian penal code, which states that if a person intentionally puts another person in a position of fear or of threat to cause him injury, or deceitfully persuades him so that he may deliver the property or any other valuable goods to another person or any document which has been signed and can be turned in a valuable security, then it is extortion. The ingredients of extortion- (i) Fear of Injury - There must be intentionally putting a person in fear of injury to himself or another. Injury implies illegal harm, and it may be of any kind. (ii) Dishonest Inducement - The element of dishonesty if the essence of the offence of extortion. There can be no extortion unless a person is by threat of injury dishonestly induced to deliver to any person any property or valuable security, or anything signed or sealed which may be converted into valuable security."Q. Pavan finds Srikanth's briefcase and writes to him that he will give it on payment of Rs. 500. Srikanth pays Rs. 500. What offence, if any, has been committed?

"The offence of Theft comes under the purview of offences against property. Theft has been dealt with under sections 378 to 382. Theft is an offence in which movable property of a person is taken away away without his/her consent. Theft is defined under the Section 378 of The Indian Penal Code as, any person intending to take any movable property without honesty, out of the possession of any person without that individual’s consent, moves that property in order to such taking is said to commit theft. The subject of the theft is movable property. Movable property is that type of property which is able to move easily and is not stationary or which is not immovable. On the other hand, the kind of property which cannot be moved and is attached to the Earth is considered as immovable property, and it is not the subject of theft. It becomes the subject of theft when it is taken off from the surface of the Earth.Dishonest Intention is the core element of the theft. It is also called as malafide intention which can be represented in the form of mens rea. This is the core element of the theft. The petitioner has to prove that something was taken away by someone with a dishonest intention. However, intention acts as a mental element in this case which is difficult to prove but evidence according to the circumstances of the case is considered for this purpose. The main measurement of dishonest intention is to make a wrongful loss to another person then such an act is considered to be done with dishonest intention.The term extortion has been defined in Section 383 of the Indian penal code, which states that if a person intentionally puts another person in a position of fear or of threat to cause him injury, or deceitfully persuades him so that he may deliver the property or any other valuable goods to another person or any document which has been signed and can be turned in a valuable security, then it is extortion. The ingredients of extortion- (i) Fear of Injury - There must be intentionally putting a person in fear of injury to himself or another. Injury implies illegal harm, and it may be of any kind. (ii) Dishonest Inducement - The element of dishonesty if the essence of the offence of extortion. There can be no extortion unless a person is by threat of injury dishonestly induced to deliver to any person any property or valuable security, or anything signed or sealed which may be converted into valuable security."Q. Romesh befriended Lata and got into a relation with her. They took a lot of selfies in compromising positions. Later these photos were used by Romesh in order to extract money from Lata and her father in exchange for not making the photos public. The act of Romesh can be considered as

Principle: Whoever, intending to take dishonestly any moveable property out of the possession of any person without that persons consent, moves that property in order to such taking, is said to commit theft. Explanation 1: A thing so long as it is attached to the earth, not being moveable property is not the subject of theft; but it becomes capable of being he subject of theft as soon as it is severed from the earth.Explanation 2: A moving effected by the same act which effects the severance may be a theft.Explanation 3: A person is said to cause a thing to move by removing an obstacle which prevented from moving or by separating it from any other thing, as well as by actually moving it.Explanation 4: A person, who by any means causes an animal to move, is said to move that animal, and to move everything which, in consequence of the motion so caused, is moved by that animal.Explanation 5: The consent mentioned in the definition may be express or implied and may be given either by the person in possession or by any person having for that purpose authority either express or implied.Q.Facts: If A owes money to Z for repairing the watch, and if Z retains the watch lawfully as a security for the debt, and A takes the watch out of Zs possession, with the intention of depriving Z of the property as a security for his debt.

Top Courses for CLATView all

Top Courses for CLAT

Avantik gives his gold chain to Nikhil, a jeweller, for repairs. Nikhil carries it to his shop. After the gold chain have been repaired, Avantik defaults on the payment. Nikhil refuses to deliver back the gold chain, retains them lawfully as a security for the debt. Avantik, who was aware that Nikhil was retaining the gold chain as a security for his debt, enters the shop openly, and takes the gold chain by force out of Nikhil’s possession, and takes it away. Has Avantik committed theft?a)Yes, because he, with dishonest intention, takes the gold chain out of Nikhil’s possession, with the intention of depriving Nikhil of the property as a security for his debt.b)Yes, because the gold chain are in Nikhil’s possession, therefore, Nikhil is their rightful owner.c)No, because the gold chain belong to Avantik.d)None of these.Correct answer is option 'D'. Can you explain this answer?
Question Description
Avantik gives his gold chain to Nikhil, a jeweller, for repairs. Nikhil carries it to his shop. After the gold chain have been repaired, Avantik defaults on the payment. Nikhil refuses to deliver back the gold chain, retains them lawfully as a security for the debt. Avantik, who was aware that Nikhil was retaining the gold chain as a security for his debt, enters the shop openly, and takes the gold chain by force out of Nikhil’s possession, and takes it away. Has Avantik committed theft?a)Yes, because he, with dishonest intention, takes the gold chain out of Nikhil’s possession, with the intention of depriving Nikhil of the property as a security for his debt.b)Yes, because the gold chain are in Nikhil’s possession, therefore, Nikhil is their rightful owner.c)No, because the gold chain belong to Avantik.d)None of these.Correct answer is option 'D'. Can you explain this answer? for CLAT 2025 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Avantik gives his gold chain to Nikhil, a jeweller, for repairs. Nikhil carries it to his shop. After the gold chain have been repaired, Avantik defaults on the payment. Nikhil refuses to deliver back the gold chain, retains them lawfully as a security for the debt. Avantik, who was aware that Nikhil was retaining the gold chain as a security for his debt, enters the shop openly, and takes the gold chain by force out of Nikhil’s possession, and takes it away. Has Avantik committed theft?a)Yes, because he, with dishonest intention, takes the gold chain out of Nikhil’s possession, with the intention of depriving Nikhil of the property as a security for his debt.b)Yes, because the gold chain are in Nikhil’s possession, therefore, Nikhil is their rightful owner.c)No, because the gold chain belong to Avantik.d)None of these.Correct answer is option 'D'. Can you explain this answer? covers all topics & solutions for CLAT 2025 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Avantik gives his gold chain to Nikhil, a jeweller, for repairs. Nikhil carries it to his shop. After the gold chain have been repaired, Avantik defaults on the payment. Nikhil refuses to deliver back the gold chain, retains them lawfully as a security for the debt. Avantik, who was aware that Nikhil was retaining the gold chain as a security for his debt, enters the shop openly, and takes the gold chain by force out of Nikhil’s possession, and takes it away. Has Avantik committed theft?a)Yes, because he, with dishonest intention, takes the gold chain out of Nikhil’s possession, with the intention of depriving Nikhil of the property as a security for his debt.b)Yes, because the gold chain are in Nikhil’s possession, therefore, Nikhil is their rightful owner.c)No, because the gold chain belong to Avantik.d)None of these.Correct answer is option 'D'. Can you explain this answer?.
Solutions for Avantik gives his gold chain to Nikhil, a jeweller, for repairs. Nikhil carries it to his shop. After the gold chain have been repaired, Avantik defaults on the payment. Nikhil refuses to deliver back the gold chain, retains them lawfully as a security for the debt. Avantik, who was aware that Nikhil was retaining the gold chain as a security for his debt, enters the shop openly, and takes the gold chain by force out of Nikhil’s possession, and takes it away. Has Avantik committed theft?a)Yes, because he, with dishonest intention, takes the gold chain out of Nikhil’s possession, with the intention of depriving Nikhil of the property as a security for his debt.b)Yes, because the gold chain are in Nikhil’s possession, therefore, Nikhil is their rightful owner.c)No, because the gold chain belong to Avantik.d)None of these.Correct answer is option 'D'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of Avantik gives his gold chain to Nikhil, a jeweller, for repairs. Nikhil carries it to his shop. After the gold chain have been repaired, Avantik defaults on the payment. Nikhil refuses to deliver back the gold chain, retains them lawfully as a security for the debt. Avantik, who was aware that Nikhil was retaining the gold chain as a security for his debt, enters the shop openly, and takes the gold chain by force out of Nikhil’s possession, and takes it away. Has Avantik committed theft?a)Yes, because he, with dishonest intention, takes the gold chain out of Nikhil’s possession, with the intention of depriving Nikhil of the property as a security for his debt.b)Yes, because the gold chain are in Nikhil’s possession, therefore, Nikhil is their rightful owner.c)No, because the gold chain belong to Avantik.d)None of these.Correct answer is option 'D'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Avantik gives his gold chain to Nikhil, a jeweller, for repairs. Nikhil carries it to his shop. After the gold chain have been repaired, Avantik defaults on the payment. Nikhil refuses to deliver back the gold chain, retains them lawfully as a security for the debt. Avantik, who was aware that Nikhil was retaining the gold chain as a security for his debt, enters the shop openly, and takes the gold chain by force out of Nikhil’s possession, and takes it away. Has Avantik committed theft?a)Yes, because he, with dishonest intention, takes the gold chain out of Nikhil’s possession, with the intention of depriving Nikhil of the property as a security for his debt.b)Yes, because the gold chain are in Nikhil’s possession, therefore, Nikhil is their rightful owner.c)No, because the gold chain belong to Avantik.d)None of these.Correct answer is option 'D'. Can you explain this answer?, a detailed solution for Avantik gives his gold chain to Nikhil, a jeweller, for repairs. Nikhil carries it to his shop. After the gold chain have been repaired, Avantik defaults on the payment. Nikhil refuses to deliver back the gold chain, retains them lawfully as a security for the debt. Avantik, who was aware that Nikhil was retaining the gold chain as a security for his debt, enters the shop openly, and takes the gold chain by force out of Nikhil’s possession, and takes it away. Has Avantik committed theft?a)Yes, because he, with dishonest intention, takes the gold chain out of Nikhil’s possession, with the intention of depriving Nikhil of the property as a security for his debt.b)Yes, because the gold chain are in Nikhil’s possession, therefore, Nikhil is their rightful owner.c)No, because the gold chain belong to Avantik.d)None of these.Correct answer is option 'D'. Can you explain this answer? has been provided alongside types of Avantik gives his gold chain to Nikhil, a jeweller, for repairs. Nikhil carries it to his shop. After the gold chain have been repaired, Avantik defaults on the payment. Nikhil refuses to deliver back the gold chain, retains them lawfully as a security for the debt. Avantik, who was aware that Nikhil was retaining the gold chain as a security for his debt, enters the shop openly, and takes the gold chain by force out of Nikhil’s possession, and takes it away. Has Avantik committed theft?a)Yes, because he, with dishonest intention, takes the gold chain out of Nikhil’s possession, with the intention of depriving Nikhil of the property as a security for his debt.b)Yes, because the gold chain are in Nikhil’s possession, therefore, Nikhil is their rightful owner.c)No, because the gold chain belong to Avantik.d)None of these.Correct answer is option 'D'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Avantik gives his gold chain to Nikhil, a jeweller, for repairs. Nikhil carries it to his shop. After the gold chain have been repaired, Avantik defaults on the payment. Nikhil refuses to deliver back the gold chain, retains them lawfully as a security for the debt. Avantik, who was aware that Nikhil was retaining the gold chain as a security for his debt, enters the shop openly, and takes the gold chain by force out of Nikhil’s possession, and takes it away. Has Avantik committed theft?a)Yes, because he, with dishonest intention, takes the gold chain out of Nikhil’s possession, with the intention of depriving Nikhil of the property as a security for his debt.b)Yes, because the gold chain are in Nikhil’s possession, therefore, Nikhil is their rightful owner.c)No, because the gold chain belong to Avantik.d)None of these.Correct answer is option 'D'. Can you explain this answer? tests, examples and also practice CLAT tests.
Explore Courses for CLAT exam

Top Courses for CLAT

Explore Courses
SaveJoin the Discussion on the App for FREE
Signup for Free!
Signup to see your scores go up within 7 days! Learn & Practice with 1000+ FREE Notes, Videos & Tests.
10M+ students study on EduRev
Get App
© EduRev
Education Revolution
Signup to see your scores go up within 7 days!
Access 1000+ FREE Docs, Videos and Tests
Takes less than 10 seconds to signup