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Principle: Whoever, intending to take dishonestly any property out of the possession of another person, moves that property for such taking, is said to commit theft.

Facts: Suresh went into the house of his friend Ramesh to discuss some important matter. Since Ramesh was not at home, Suresh waited for him in the latter's drawing room. When Ramesh did not turn up, Suresh took out a pen from Ramesh's table and wrote down a message and went home. While going back, by force of habit, he just dropped the pen into the pocket. Subsequently, he forgot about it. Since the pen happened to be very valuable one, Ramesh complained to the police and the police traced the pen in Suresh's house. Is Suresh liable for theft?
  • a)
    Suresh committed theft, because he took the pen without Ramesh's consent.
  • b)
    Suresh committed theft, because he failed to return the pen.
  • c)
    Suresh is not liable for theft but for Criminal Breach of Trust.
  • d)
    Suresh did not commit theft, because he did not have dishonest intention.
Correct answer is option 'D'. Can you explain this answer?
Verified Answer
Principle:Whoever, intending to take dishonestly any property out of t...
Dishonest intention is clearly absent from the Act of Suresh. Without Dishonest intention, the act of Theft does not take place. Hence, Suresh is not liable.
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Principle:Whoever, intending to take dishonestly any property out of t...

Explanation:

Intent of Theft:
- In order to be guilty of theft, the individual must have the intention to dishonestly take property out of another person's possession.
- In this case, Suresh did not have any dishonest intention when he took the pen. He simply borrowed it to write a message and then forgot about it.

Movement of Property:
- According to the principle, in order to commit theft, the individual must move the property for the purpose of taking it dishonestly.
- Suresh did not move the pen with the intention of taking it dishonestly. He absentmindedly dropped it into his pocket out of habit.

Forgetfulness:
- Suresh forgot about the pen in his pocket, indicating that he did not have any intention to steal it.
- His forgetfulness further supports the fact that he did not have a dishonest intention when he took the pen.

Therefore, based on the facts provided, Suresh is not liable for theft because he did not have the necessary dishonest intention required to commit theft. Instead, this situation could be categorized as a case of absentmindedness rather than criminal intent.
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Principle:Whoever, intending to take dishonestly any property out of the possession of another person, moves that property for such taking, is said to commit theft.Facts:Suresh went into the house of his friend Ramesh to discuss some important matter. Since Ramesh was not at home, Suresh waited for him in the latters drawing room. When Ramesh did not turn up, Suresh took out a pen from Rameshs table and wrote down a message and went home. While going back, by force of habit, he just dropped the pen into the pocket. Subsequently, he forgot about it. Since the pen happened to be very valuable one, Ramesh complained to the police and the police traced the pen in Sureshs house. Is Suresh liable for theft?a)Suresh committed theft, because he took the pen without Rameshs consent.b)Suresh committed theft, because he failed to return the pen.c)Suresh is not liable for theft but for Criminal Breach of Trust.d)Suresh did not commit theft, because he did not have dishonest intention.Correct answer is option 'D'. Can you explain this answer?
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Principle:Whoever, intending to take dishonestly any property out of the possession of another person, moves that property for such taking, is said to commit theft.Facts:Suresh went into the house of his friend Ramesh to discuss some important matter. Since Ramesh was not at home, Suresh waited for him in the latters drawing room. When Ramesh did not turn up, Suresh took out a pen from Rameshs table and wrote down a message and went home. While going back, by force of habit, he just dropped the pen into the pocket. Subsequently, he forgot about it. Since the pen happened to be very valuable one, Ramesh complained to the police and the police traced the pen in Sureshs house. Is Suresh liable for theft?a)Suresh committed theft, because he took the pen without Rameshs consent.b)Suresh committed theft, because he failed to return the pen.c)Suresh is not liable for theft but for Criminal Breach of Trust.d)Suresh did not commit theft, because he did not have dishonest intention.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 Principle:Whoever, intending to take dishonestly any property out of the possession of another person, moves that property for such taking, is said to commit theft.Facts:Suresh went into the house of his friend Ramesh to discuss some important matter. Since Ramesh was not at home, Suresh waited for him in the latters drawing room. When Ramesh did not turn up, Suresh took out a pen from Rameshs table and wrote down a message and went home. While going back, by force of habit, he just dropped the pen into the pocket. Subsequently, he forgot about it. Since the pen happened to be very valuable one, Ramesh complained to the police and the police traced the pen in Sureshs house. Is Suresh liable for theft?a)Suresh committed theft, because he took the pen without Rameshs consent.b)Suresh committed theft, because he failed to return the pen.c)Suresh is not liable for theft but for Criminal Breach of Trust.d)Suresh did not commit theft, because he did not have dishonest intention.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 Principle:Whoever, intending to take dishonestly any property out of the possession of another person, moves that property for such taking, is said to commit theft.Facts:Suresh went into the house of his friend Ramesh to discuss some important matter. Since Ramesh was not at home, Suresh waited for him in the latters drawing room. When Ramesh did not turn up, Suresh took out a pen from Rameshs table and wrote down a message and went home. While going back, by force of habit, he just dropped the pen into the pocket. Subsequently, he forgot about it. Since the pen happened to be very valuable one, Ramesh complained to the police and the police traced the pen in Sureshs house. Is Suresh liable for theft?a)Suresh committed theft, because he took the pen without Rameshs consent.b)Suresh committed theft, because he failed to return the pen.c)Suresh is not liable for theft but for Criminal Breach of Trust.d)Suresh did not commit theft, because he did not have dishonest intention.Correct answer is option 'D'. Can you explain this answer?.
Solutions for Principle:Whoever, intending to take dishonestly any property out of the possession of another person, moves that property for such taking, is said to commit theft.Facts:Suresh went into the house of his friend Ramesh to discuss some important matter. Since Ramesh was not at home, Suresh waited for him in the latters drawing room. When Ramesh did not turn up, Suresh took out a pen from Rameshs table and wrote down a message and went home. While going back, by force of habit, he just dropped the pen into the pocket. Subsequently, he forgot about it. Since the pen happened to be very valuable one, Ramesh complained to the police and the police traced the pen in Sureshs house. Is Suresh liable for theft?a)Suresh committed theft, because he took the pen without Rameshs consent.b)Suresh committed theft, because he failed to return the pen.c)Suresh is not liable for theft but for Criminal Breach of Trust.d)Suresh did not commit theft, because he did not have dishonest intention.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.
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Is Suresh liable for theft?a)Suresh committed theft, because he took the pen without Rameshs consent.b)Suresh committed theft, because he failed to return the pen.c)Suresh is not liable for theft but for Criminal Breach of Trust.d)Suresh did not commit theft, because he did not have dishonest intention.Correct answer is option 'D'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of Principle:Whoever, intending to take dishonestly any property out of the possession of another person, moves that property for such taking, is said to commit theft.Facts:Suresh went into the house of his friend Ramesh to discuss some important matter. Since Ramesh was not at home, Suresh waited for him in the latters drawing room. When Ramesh did not turn up, Suresh took out a pen from Rameshs table and wrote down a message and went home. While going back, by force of habit, he just dropped the pen into the pocket. Subsequently, he forgot about it. Since the pen happened to be very valuable one, Ramesh complained to the police and the police traced the pen in Sureshs house. Is Suresh liable for theft?a)Suresh committed theft, because he took the pen without Rameshs consent.b)Suresh committed theft, because he failed to return the pen.c)Suresh is not liable for theft but for Criminal Breach of Trust.d)Suresh did not commit theft, because he did not have dishonest intention.Correct answer is option 'D'. Can you explain this answer?, a detailed solution for Principle:Whoever, intending to take dishonestly any property out of the possession of another person, moves that property for such taking, is said to commit theft.Facts:Suresh went into the house of his friend Ramesh to discuss some important matter. Since Ramesh was not at home, Suresh waited for him in the latters drawing room. When Ramesh did not turn up, Suresh took out a pen from Rameshs table and wrote down a message and went home. While going back, by force of habit, he just dropped the pen into the pocket. Subsequently, he forgot about it. Since the pen happened to be very valuable one, Ramesh complained to the police and the police traced the pen in Sureshs house. Is Suresh liable for theft?a)Suresh committed theft, because he took the pen without Rameshs consent.b)Suresh committed theft, because he failed to return the pen.c)Suresh is not liable for theft but for Criminal Breach of Trust.d)Suresh did not commit theft, because he did not have dishonest intention.Correct answer is option 'D'. Can you explain this answer? has been provided alongside types of Principle:Whoever, intending to take dishonestly any property out of the possession of another person, moves that property for such taking, is said to commit theft.Facts:Suresh went into the house of his friend Ramesh to discuss some important matter. Since Ramesh was not at home, Suresh waited for him in the latters drawing room. When Ramesh did not turn up, Suresh took out a pen from Rameshs table and wrote down a message and went home. While going back, by force of habit, he just dropped the pen into the pocket. Subsequently, he forgot about it. Since the pen happened to be very valuable one, Ramesh complained to the police and the police traced the pen in Sureshs house. Is Suresh liable for theft?a)Suresh committed theft, because he took the pen without Rameshs consent.b)Suresh committed theft, because he failed to return the pen.c)Suresh is not liable for theft but for Criminal Breach of Trust.d)Suresh did not commit theft, because he did not have dishonest intention.Correct answer is option 'D'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice Principle:Whoever, intending to take dishonestly any property out of the possession of another person, moves that property for such taking, is said to commit theft.Facts:Suresh went into the house of his friend Ramesh to discuss some important matter. Since Ramesh was not at home, Suresh waited for him in the latters drawing room. When Ramesh did not turn up, Suresh took out a pen from Rameshs table and wrote down a message and went home. While going back, by force of habit, he just dropped the pen into the pocket. Subsequently, he forgot about it. Since the pen happened to be very valuable one, Ramesh complained to the police and the police traced the pen in Sureshs house. Is Suresh liable for theft?a)Suresh committed theft, because he took the pen without Rameshs consent.b)Suresh committed theft, because he failed to return the pen.c)Suresh is not liable for theft but for Criminal Breach of Trust.d)Suresh did not commit theft, because he did not have dishonest intention.Correct answer is option 'D'. Can you explain this answer? tests, examples and also practice CLAT tests.
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