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"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. Ashish and Sandesh were cadets on training in the Indian Air Force Academy at Dundigal. Sandesh had been discharged from the Academy on the grounds of misconduct. Ashish was a cadet receiving training as a navigator and was due for a flight in a Dakota as part of his training. However, on the scheduled day, Ashish along with Sandesh took off, not in a Dakota, but in a Harvard HT 822, before the prescribed time, without authorization, and without observing any of the formalities which were prerequisites for an aircraft flight. They landed at a place in China about 100 miles away from the Indo-China border. Both of them were sent back to Hyderabad and arrested for theft.
  • a)
    It cannot be labeled as theft because there was no proof in this case of any dishonest intention, which is essential element of theft.
  • b)
    It was not a theft because there was an implied consent to the moving of the aircraft as the accused was a cadet who, in the normal course, would be allowed to fly an aircraft for purposes of training.
  • c)
    It was a theft, because taking out the aircraft in the present case had no connection with the training.
  • d)
    None of the above.
Correct answer is option 'C'. Can you explain this answer?
Verified Answer
"The offence of Theft comes under the purview of offences against pro...
Ashish was supposed to take off in a Dakota. He took off unauthorized, without proper procedure, and that too taking Sandesh, who has been discharged for misconduct. So it was clearly theft because the act had nothing to do with the training.
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"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

"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. "Which of the following belonging to Sandeep cannot be the subject of theft? I. Car belonging to Sandeep parked in his house. II. House which is in his name. III. Tree in the garden of Sandeep. IV. Car belonging to Sandeep given on loan to the accused. "

"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?

Direction: Read the following passage carefully and answer the questions given below:The Criminal Procedure (Identification) Act, 2022 authorizes law enforcement agencies to collect, store and analyse physical and biological samples of convicts and other persons to identify and investigate criminal matters. The Act repeals the existing “The Identification of Prisoners Act, 1920”, which authorizes the police to collect finger and footprint impressions and photographs.mNational Crime Records Bureau (NCRB) is empowered to collect the record of measurements from the State Government or Union territory Administration or any other law enforcement agencies. It shall store, preserve and destroy the record of measurements at the national level. The magistrate is empowered to direct a person to give measurements for the purpose of any investigation or proceeding under the Code of Criminal Procedure, 1973 or any other law for the time being in force. The police officer or prison officer is empowered to take measurements if any person resists or refuses to allow the taking of such measurements. The Central Government or the State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.Any person convicted, arrested or held under any preventive detention law is required to provide “measurements” to a police officer or a prison official. The record of these measurements will be retained in digital or electronic form for a period of 75 years from the date of collection. The records are to be destroyed in case any person, who has not been previously convicted of an offence punishable under any law with imprisonment for any term and had his/her measurements taken according to the provisions of this Act, is released without trial or discharged or acquitted by the court, after exhausting all legal remedies.Q.A collective of advocates for civil liberties submitted a petition to the High Court, contesting the constitutionality of the Criminal Procedure (Identification) Act, 2022. Their contention is centered on the assertion that the Act infringes upon the fundamental right to privacy, as safeguarded by the Indian Constitution. Among the following options, which one most effectively bolsters the activists position?

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"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. Ashish and Sandesh were cadets on training in the Indian Air Force Academy at Dundigal. Sandesh had been discharged from the Academy on the grounds of misconduct. Ashish was a cadet receiving training as a navigator and was due for a flight in a Dakota as part of his training. However, on the scheduled day, Ashish along with Sandesh took off, not in a Dakota, but in a Harvard HT 822, before the prescribed time, without authorization, and without observing any of the formalities which were prerequisites for an aircraft flight. They landed at a place in China about 100 miles away from the Indo-China border. Both of them were sent back to Hyderabad and arrested for theft.a)It cannot be labeled as theft because there was no proof in this case of any dishonest intention, which is essential element of theft.b)It was not a theft because there was an implied consent to the moving of the aircraft as the accused was a cadet who, in the normal course, would be allowed to fly an aircraft for purposes of training.c)It was a theft, because taking out the aircraft in the present case had no connection with the training.d)None of the above.Correct answer is option 'C'. Can you explain this answer?
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"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. Ashish and Sandesh were cadets on training in the Indian Air Force Academy at Dundigal. Sandesh had been discharged from the Academy on the grounds of misconduct. Ashish was a cadet receiving training as a navigator and was due for a flight in a Dakota as part of his training. However, on the scheduled day, Ashish along with Sandesh took off, not in a Dakota, but in a Harvard HT 822, before the prescribed time, without authorization, and without observing any of the formalities which were prerequisites for an aircraft flight. They landed at a place in China about 100 miles away from the Indo-China border. Both of them were sent back to Hyderabad and arrested for theft.a)It cannot be labeled as theft because there was no proof in this case of any dishonest intention, which is essential element of theft.b)It was not a theft because there was an implied consent to the moving of the aircraft as the accused was a cadet who, in the normal course, would be allowed to fly an aircraft for purposes of training.c)It was a theft, because taking out the aircraft in the present case had no connection with the training.d)None of the above.Correct answer is option 'C'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about "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. Ashish and Sandesh were cadets on training in the Indian Air Force Academy at Dundigal. Sandesh had been discharged from the Academy on the grounds of misconduct. Ashish was a cadet receiving training as a navigator and was due for a flight in a Dakota as part of his training. However, on the scheduled day, Ashish along with Sandesh took off, not in a Dakota, but in a Harvard HT 822, before the prescribed time, without authorization, and without observing any of the formalities which were prerequisites for an aircraft flight. They landed at a place in China about 100 miles away from the Indo-China border. Both of them were sent back to Hyderabad and arrested for theft.a)It cannot be labeled as theft because there was no proof in this case of any dishonest intention, which is essential element of theft.b)It was not a theft because there was an implied consent to the moving of the aircraft as the accused was a cadet who, in the normal course, would be allowed to fly an aircraft for purposes of training.c)It was a theft, because taking out the aircraft in the present case had no connection with the training.d)None of the above.Correct answer is option 'C'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for "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. Ashish and Sandesh were cadets on training in the Indian Air Force Academy at Dundigal. Sandesh had been discharged from the Academy on the grounds of misconduct. Ashish was a cadet receiving training as a navigator and was due for a flight in a Dakota as part of his training. However, on the scheduled day, Ashish along with Sandesh took off, not in a Dakota, but in a Harvard HT 822, before the prescribed time, without authorization, and without observing any of the formalities which were prerequisites for an aircraft flight. They landed at a place in China about 100 miles away from the Indo-China border. Both of them were sent back to Hyderabad and arrested for theft.a)It cannot be labeled as theft because there was no proof in this case of any dishonest intention, which is essential element of theft.b)It was not a theft because there was an implied consent to the moving of the aircraft as the accused was a cadet who, in the normal course, would be allowed to fly an aircraft for purposes of training.c)It was a theft, because taking out the aircraft in the present case had no connection with the training.d)None of the above.Correct answer is option 'C'. Can you explain this answer?.
Solutions for "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. Ashish and Sandesh were cadets on training in the Indian Air Force Academy at Dundigal. Sandesh had been discharged from the Academy on the grounds of misconduct. Ashish was a cadet receiving training as a navigator and was due for a flight in a Dakota as part of his training. However, on the scheduled day, Ashish along with Sandesh took off, not in a Dakota, but in a Harvard HT 822, before the prescribed time, without authorization, and without observing any of the formalities which were prerequisites for an aircraft flight. They landed at a place in China about 100 miles away from the Indo-China border. Both of them were sent back to Hyderabad and arrested for theft.a)It cannot be labeled as theft because there was no proof in this case of any dishonest intention, which is essential element of theft.b)It was not a theft because there was an implied consent to the moving of the aircraft as the accused was a cadet who, in the normal course, would be allowed to fly an aircraft for purposes of training.c)It was a theft, because taking out the aircraft in the present case had no connection with the training.d)None of the above.Correct answer is option 'C'. 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 "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. Ashish and Sandesh were cadets on training in the Indian Air Force Academy at Dundigal. Sandesh had been discharged from the Academy on the grounds of misconduct. Ashish was a cadet receiving training as a navigator and was due for a flight in a Dakota as part of his training. However, on the scheduled day, Ashish along with Sandesh took off, not in a Dakota, but in a Harvard HT 822, before the prescribed time, without authorization, and without observing any of the formalities which were prerequisites for an aircraft flight. They landed at a place in China about 100 miles away from the Indo-China border. Both of them were sent back to Hyderabad and arrested for theft.a)It cannot be labeled as theft because there was no proof in this case of any dishonest intention, which is essential element of theft.b)It was not a theft because there was an implied consent to the moving of the aircraft as the accused was a cadet who, in the normal course, would be allowed to fly an aircraft for purposes of training.c)It was a theft, because taking out the aircraft in the present case had no connection with the training.d)None of the above.Correct answer is option 'C'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of "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. Ashish and Sandesh were cadets on training in the Indian Air Force Academy at Dundigal. Sandesh had been discharged from the Academy on the grounds of misconduct. Ashish was a cadet receiving training as a navigator and was due for a flight in a Dakota as part of his training. However, on the scheduled day, Ashish along with Sandesh took off, not in a Dakota, but in a Harvard HT 822, before the prescribed time, without authorization, and without observing any of the formalities which were prerequisites for an aircraft flight. They landed at a place in China about 100 miles away from the Indo-China border. Both of them were sent back to Hyderabad and arrested for theft.a)It cannot be labeled as theft because there was no proof in this case of any dishonest intention, which is essential element of theft.b)It was not a theft because there was an implied consent to the moving of the aircraft as the accused was a cadet who, in the normal course, would be allowed to fly an aircraft for purposes of training.c)It was a theft, because taking out the aircraft in the present case had no connection with the training.d)None of the above.Correct answer is option 'C'. Can you explain this answer?, a detailed solution for "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. Ashish and Sandesh were cadets on training in the Indian Air Force Academy at Dundigal. Sandesh had been discharged from the Academy on the grounds of misconduct. Ashish was a cadet receiving training as a navigator and was due for a flight in a Dakota as part of his training. However, on the scheduled day, Ashish along with Sandesh took off, not in a Dakota, but in a Harvard HT 822, before the prescribed time, without authorization, and without observing any of the formalities which were prerequisites for an aircraft flight. They landed at a place in China about 100 miles away from the Indo-China border. Both of them were sent back to Hyderabad and arrested for theft.a)It cannot be labeled as theft because there was no proof in this case of any dishonest intention, which is essential element of theft.b)It was not a theft because there was an implied consent to the moving of the aircraft as the accused was a cadet who, in the normal course, would be allowed to fly an aircraft for purposes of training.c)It was a theft, because taking out the aircraft in the present case had no connection with the training.d)None of the above.Correct answer is option 'C'. Can you explain this answer? has been provided alongside types of "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. Ashish and Sandesh were cadets on training in the Indian Air Force Academy at Dundigal. Sandesh had been discharged from the Academy on the grounds of misconduct. Ashish was a cadet receiving training as a navigator and was due for a flight in a Dakota as part of his training. However, on the scheduled day, Ashish along with Sandesh took off, not in a Dakota, but in a Harvard HT 822, before the prescribed time, without authorization, and without observing any of the formalities which were prerequisites for an aircraft flight. They landed at a place in China about 100 miles away from the Indo-China border. Both of them were sent back to Hyderabad and arrested for theft.a)It cannot be labeled as theft because there was no proof in this case of any dishonest intention, which is essential element of theft.b)It was not a theft because there was an implied consent to the moving of the aircraft as the accused was a cadet who, in the normal course, would be allowed to fly an aircraft for purposes of training.c)It was a theft, because taking out the aircraft in the present case had no connection with the training.d)None of the above.Correct answer is option 'C'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice "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. Ashish and Sandesh were cadets on training in the Indian Air Force Academy at Dundigal. Sandesh had been discharged from the Academy on the grounds of misconduct. Ashish was a cadet receiving training as a navigator and was due for a flight in a Dakota as part of his training. However, on the scheduled day, Ashish along with Sandesh took off, not in a Dakota, but in a Harvard HT 822, before the prescribed time, without authorization, and without observing any of the formalities which were prerequisites for an aircraft flight. They landed at a place in China about 100 miles away from the Indo-China border. Both of them were sent back to Hyderabad and arrested for theft.a)It cannot be labeled as theft because there was no proof in this case of any dishonest intention, which is essential element of theft.b)It was not a theft because there was an implied consent to the moving of the aircraft as the accused was a cadet who, in the normal course, would be allowed to fly an aircraft for purposes of training.c)It was a theft, because taking out the aircraft in the present case had no connection with the training.d)None of the above.Correct answer is option 'C'. Can you explain this answer? tests, examples and also practice CLAT tests.
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