CLAT Exam  >  CLAT Questions  >   "The offence of Theft comes under the purvie... Start Learning for Free
"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. "
  • a)
    I and II
  • b)
    II, III, IV
  • c)
    I, II, III
  • d)
    II and IV
Correct answer is option 'B'. Can you explain this answer?
Verified Answer
"The offence of Theft comes under the purview of offences against pro...
House and tree are considered as immovable property and so, do not come under theft. Car is not in the possession of the owner but with the accused itself. So it cannot be called theft.
View all questions of this test
Explore Courses for CLAT exam

Similar CLAT Doubts

"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.

"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. 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?

Directions:The question is based on the reasoning and arguments, or facts and principles set out in the passage. Some of these principles may not be true in the real or legal sense, yet you must conclusively assume that they are true for the purpose. Please answer the question on the basis of what is stated or implied in the passage. Do not rely on any principle of law other than the ones supplied to you, and do not assume any facts other than those supplied to you when answering the question. Please choose the option that most accurately and comprehensively answers the question.As per Section 107 IPC, a person is said to abet the doing of a thing, who instigates any person to do that thing or engages with one or more other persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing or intentionally aids, by an act or illegal omission, the doing of that thing.Explanations to this section state that a person who, by willful misrepresentation, or by willful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing. To constitute the offence of abetment, it is not necessary that the act abetted should be committed, or that the effect requisite to constitute the offence should be caused.Whoever, either prior to or at the time of the commission of an act, does anything in order to facilitate the commission of that act, and thereby facilitates the commission thereof, is said to aid the doing of that act.Abetment is completely a separate and distinct offence from conspiracy. Most of the time, abetment is confused with conspiracy. However, abetment involves a mental process of instigating a person or the act of intentionally aiding that person in doing of a thing. Whereas, in the cases of conspiracy, it would also involve the mental process entering into the doing of an act. The act of abetment could take place by instigation, conspiracy or intentional aid. The offence for the abetment of which a person is charged with can only be linked with the proven offence.The term instigate here denotes incitement or urging to do some drastic or inadvisable action. In committing abetment, mens rea is a necessary ingredient. When a person provokes another to do an act prohibited by law, he is said to commit the offence of abetment by instigation.A person is said to abet the commission of an offence by conspiracy if he enters into an agreement with one or more persons to do an illegal act.A person is said to abet the commission of an offence if he intentionally provides assistance or gives aid by doing or omitting an act. Mere intention to provide assistance is not sufficient in these cases. To hold a person guilty and liable for abetment, there must be some active conduct on the part of the abettor and the act must be accomplished in furtherance of that.It is not necessary that the person abetted should be capable by law of committing an offence, or that he should have the same guilty intention or knowledge as that of the abettor, or any guilty intention or knowledge. A person abets an offence within the meaning of this Code who, in India, abets the commission of any act without and beyond India which would constitute an offence if committed in India.Q.Aman, a public officer, is authorised by a warrant from a Court of Justice to apprehend John. Raman, knowing that fact and also that Chetan is not John, willfully represents to Aman that Chetan is John, and thereby intentionally causes Aman to apprehend Chetan. Decide.

Top Courses for CLAT

"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. "a)I and IIb)II, III, IVc)I, II, IIId)II and IVCorrect answer is option 'B'. Can you explain this answer?
Question Description
"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. "a)I and IIb)II, III, IVc)I, II, IIId)II and IVCorrect answer is option 'B'. 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. "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. "a)I and IIb)II, III, IVc)I, II, IIId)II and IVCorrect answer is option 'B'. 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. "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. "a)I and IIb)II, III, IVc)I, II, IIId)II and IVCorrect answer is option 'B'. 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. "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. "a)I and IIb)II, III, IVc)I, II, IIId)II and IVCorrect answer is option 'B'. 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. "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. "a)I and IIb)II, III, IVc)I, II, IIId)II and IVCorrect answer is option 'B'. 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. "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. "a)I and IIb)II, III, IVc)I, II, IIId)II and IVCorrect answer is option 'B'. 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. "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. "a)I and IIb)II, III, IVc)I, II, IIId)II and IVCorrect answer is option 'B'. 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. "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. "a)I and IIb)II, III, IVc)I, II, IIId)II and IVCorrect answer is option 'B'. 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. "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. "a)I and IIb)II, III, IVc)I, II, IIId)II and IVCorrect answer is option 'B'. Can you explain this answer? tests, examples and also practice CLAT tests.
Explore Courses for CLAT exam

Top Courses for CLAT

Explore Courses
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