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We generally describe theft to be the act of stealing property belonging to somebody else. The offence of Theft comes under the purview of offences against property which extends from section 378 to section 462.
Theft has been dealt with under sections 378 to 382.
Theft is an offence in which movable property of a person is taken away and it is taken away without his consent.
Theft has been defined under Section 378 of IPC.
Simultaneously the punishment for the commitment of act of theft has also been defined under Section 379 of IPC.
However, theft under IPC has certain specific requirements and ingredients. According to Section 378, theft means dishonestly taking any movable property out of the possession of a person. This taking must always be without the concerned person's consent.
Therefore, in order to constitute theft under IPC, the following conditions must exist:
(1) The offender must have a dishonest intention to take property;
(2) The property in question must always be a mov able property and not immovable;
(3) The offender must take the property out of the other person's possession without consent; and
(4) The offender must move the property to complete its taking.
All of these requirements must exist in order to complete the offence of theft. If anyone of them is missing, the offender is not guilty of theft. For example, a person may take and move somebody else's property thinking it actually belongs to him. In this case, since the offender moved the property as a mistake, he did not commit theft. The Punishment for the offence of Theft is defined under Section 379 of the Indian Penal Code which states that anyone who commits theft will be punished with imprisonment of either for a term which can be extended to a period of three years either with fine, or with both.
Q. A person intending to take dishonestly any mov able property out of the possession of someone is said to commit theft. Theft is against possession and not against ownership. For the offence of theft, a continuous intention is not compulsory. A's dad gifted him a fitbit. One of his friends Shyam thought of a great idea to trouble A. When A was out in the interval Shyam quickly took out his fitbit watch from his bag with a view to do a prank with A, kept the watch in some other pocket of A's bag. Finding his fitbit missing, A immediately went and complained to his Dean. Shyam thought that now A has made a complaint so there is no point in telling the same to A that it is a prank. Finally when the dean ordered for checking of the bags of all the students, one student Radha told the dean that she saw Shyam taking out the watch and changing the place of the fitbit watch. Will Shyam be held liable for theft?
  • a)
    Shyam will not be held liable for theft as he is not having any dishonest intention while changing the place of the watch.
  • b)
    Shyam will be held guilty of theft as he should have immediately told the dean about the same.
  • c)
    Shyam is guilty of theft at the time he took out the fitbit from A's bag because he moved the property without A's knowledge and therefore should be held guilty.
  • d)
    Shyam will not be held guilty of theft because he just wanted to play a prank and with A making a complaint he knew anyways that if he were caught then he will be held liable for theft so no point keeping it back.
Correct answer is option 'A'. Can you explain this answer?
Most Upvoted Answer
We generally describe theft to be the act of stealing property belong...
Correct Answer is (a)
It is very much clear from the fact that Shyam did not have dishonest intention of taking away or changing the place of the fitbit from A. Since the essential element in the offence of theft which is to 'take dishonestly any movable property out of the possession' is not satisfied, Shyam is not guilty of theft.
Incorrect Answers
None of the other options sets out views that are consistent with those of the author in the passage above.
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We generally describe theft to be the act of stealing property belonging to somebody else. The offence of Theft comes under the purview of offences against property which extends from section 378 to section 462.Theft has been dealt with under sections 378 to 382.Theft is an offence in which movable property of a person is taken away and it is taken away without his consent.Theft has been defined under Section 378 of IPC.Simultaneously the punishment for the commitment of act of theft has also been defined under Section 379 of IPC.However, theft under IPC has certain specific requirements and ingredients. According to Section 378, theft means dishonestly taking any movable property out of the possession of a person. This taking must always be without the concerned person's consent.Therefore, in order to constitute theft under IPC, the following conditions must exist:(1) The offender must have a dishonest intention to take property;(2) The property in question must always be a mov able property and not immovable;(3) The offender must take the property out of the other person's possession without consent; and(4) The offender must move the property to complete its taking.All of these requirements must exist in order to complete the offence of theft. If anyone of them is missing, the offender is not guilty of theft. For example, a person may take and move somebody else's property thinking it actually belongs to him. In this case, since the offender moved the property as a mistake, he did not commit theft. The Punishment for the offence of Theft is defined under Section 379 of the Indian Penal Code which states that anyone who commits theft will be punished with imprisonment of either for a term which can be extended to a period of three years either with fine, or with both.Q. A person intending to take dishonestly any mov able property out of the possession of someone is said to commit theft. Theft is against possession and not against ownership. For the offence of theft, a continuous intention is not compulsory. A's dad gifted him a fitbit. One of his friends Shyam thought of a great idea to trouble A. When A was out in the interval Shyam quickly took out his fitbit watch from his bag with a view to do a prank with A, kept the watch in some other pocket of A's bag. Finding his fitbit missing, A immediately went and complained to his Dean. Shyam thought that now A has made a complaint so there is no point in telling the same to A that it is a prank. Finally when the dean ordered for checking of the bags of all the students, one student Radha told the dean that she saw Shyam taking out the watch and changing the place of the fitbit watch. Will Shyam be held liable for theft?a)Shyam will not be held liable for theft as he is not having any dishonest intention while changing the place of the watch.b)Shyam will be held guilty of theft as he should have immediately told the dean about the same.c)Shyam is guilty of theft at the time he took out the fitbit from A's bag because he moved the property without A's knowledge and therefore should be held guilty.d)Shyam will not be held guilty of theft because he just wanted to play a prank and with A making a complaint he knew anyways that if he were caught then he will be held liable for theft so no point keeping it back.Correct answer is option 'A'. Can you explain this answer?
Question Description
We generally describe theft to be the act of stealing property belonging to somebody else. The offence of Theft comes under the purview of offences against property which extends from section 378 to section 462.Theft has been dealt with under sections 378 to 382.Theft is an offence in which movable property of a person is taken away and it is taken away without his consent.Theft has been defined under Section 378 of IPC.Simultaneously the punishment for the commitment of act of theft has also been defined under Section 379 of IPC.However, theft under IPC has certain specific requirements and ingredients. According to Section 378, theft means dishonestly taking any movable property out of the possession of a person. This taking must always be without the concerned person's consent.Therefore, in order to constitute theft under IPC, the following conditions must exist:(1) The offender must have a dishonest intention to take property;(2) The property in question must always be a mov able property and not immovable;(3) The offender must take the property out of the other person's possession without consent; and(4) The offender must move the property to complete its taking.All of these requirements must exist in order to complete the offence of theft. If anyone of them is missing, the offender is not guilty of theft. For example, a person may take and move somebody else's property thinking it actually belongs to him. In this case, since the offender moved the property as a mistake, he did not commit theft. The Punishment for the offence of Theft is defined under Section 379 of the Indian Penal Code which states that anyone who commits theft will be punished with imprisonment of either for a term which can be extended to a period of three years either with fine, or with both.Q. A person intending to take dishonestly any mov able property out of the possession of someone is said to commit theft. Theft is against possession and not against ownership. For the offence of theft, a continuous intention is not compulsory. A's dad gifted him a fitbit. One of his friends Shyam thought of a great idea to trouble A. When A was out in the interval Shyam quickly took out his fitbit watch from his bag with a view to do a prank with A, kept the watch in some other pocket of A's bag. Finding his fitbit missing, A immediately went and complained to his Dean. Shyam thought that now A has made a complaint so there is no point in telling the same to A that it is a prank. Finally when the dean ordered for checking of the bags of all the students, one student Radha told the dean that she saw Shyam taking out the watch and changing the place of the fitbit watch. Will Shyam be held liable for theft?a)Shyam will not be held liable for theft as he is not having any dishonest intention while changing the place of the watch.b)Shyam will be held guilty of theft as he should have immediately told the dean about the same.c)Shyam is guilty of theft at the time he took out the fitbit from A's bag because he moved the property without A's knowledge and therefore should be held guilty.d)Shyam will not be held guilty of theft because he just wanted to play a prank and with A making a complaint he knew anyways that if he were caught then he will be held liable for theft so no point keeping it back.Correct answer is option 'A'. 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 We generally describe theft to be the act of stealing property belonging to somebody else. The offence of Theft comes under the purview of offences against property which extends from section 378 to section 462.Theft has been dealt with under sections 378 to 382.Theft is an offence in which movable property of a person is taken away and it is taken away without his consent.Theft has been defined under Section 378 of IPC.Simultaneously the punishment for the commitment of act of theft has also been defined under Section 379 of IPC.However, theft under IPC has certain specific requirements and ingredients. According to Section 378, theft means dishonestly taking any movable property out of the possession of a person. This taking must always be without the concerned person's consent.Therefore, in order to constitute theft under IPC, the following conditions must exist:(1) The offender must have a dishonest intention to take property;(2) The property in question must always be a mov able property and not immovable;(3) The offender must take the property out of the other person's possession without consent; and(4) The offender must move the property to complete its taking.All of these requirements must exist in order to complete the offence of theft. If anyone of them is missing, the offender is not guilty of theft. For example, a person may take and move somebody else's property thinking it actually belongs to him. In this case, since the offender moved the property as a mistake, he did not commit theft. The Punishment for the offence of Theft is defined under Section 379 of the Indian Penal Code which states that anyone who commits theft will be punished with imprisonment of either for a term which can be extended to a period of three years either with fine, or with both.Q. A person intending to take dishonestly any mov able property out of the possession of someone is said to commit theft. Theft is against possession and not against ownership. For the offence of theft, a continuous intention is not compulsory. A's dad gifted him a fitbit. One of his friends Shyam thought of a great idea to trouble A. When A was out in the interval Shyam quickly took out his fitbit watch from his bag with a view to do a prank with A, kept the watch in some other pocket of A's bag. Finding his fitbit missing, A immediately went and complained to his Dean. Shyam thought that now A has made a complaint so there is no point in telling the same to A that it is a prank. Finally when the dean ordered for checking of the bags of all the students, one student Radha told the dean that she saw Shyam taking out the watch and changing the place of the fitbit watch. Will Shyam be held liable for theft?a)Shyam will not be held liable for theft as he is not having any dishonest intention while changing the place of the watch.b)Shyam will be held guilty of theft as he should have immediately told the dean about the same.c)Shyam is guilty of theft at the time he took out the fitbit from A's bag because he moved the property without A's knowledge and therefore should be held guilty.d)Shyam will not be held guilty of theft because he just wanted to play a prank and with A making a complaint he knew anyways that if he were caught then he will be held liable for theft so no point keeping it back.Correct answer is option 'A'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for We generally describe theft to be the act of stealing property belonging to somebody else. The offence of Theft comes under the purview of offences against property which extends from section 378 to section 462.Theft has been dealt with under sections 378 to 382.Theft is an offence in which movable property of a person is taken away and it is taken away without his consent.Theft has been defined under Section 378 of IPC.Simultaneously the punishment for the commitment of act of theft has also been defined under Section 379 of IPC.However, theft under IPC has certain specific requirements and ingredients. According to Section 378, theft means dishonestly taking any movable property out of the possession of a person. This taking must always be without the concerned person's consent.Therefore, in order to constitute theft under IPC, the following conditions must exist:(1) The offender must have a dishonest intention to take property;(2) The property in question must always be a mov able property and not immovable;(3) The offender must take the property out of the other person's possession without consent; and(4) The offender must move the property to complete its taking.All of these requirements must exist in order to complete the offence of theft. If anyone of them is missing, the offender is not guilty of theft. For example, a person may take and move somebody else's property thinking it actually belongs to him. In this case, since the offender moved the property as a mistake, he did not commit theft. The Punishment for the offence of Theft is defined under Section 379 of the Indian Penal Code which states that anyone who commits theft will be punished with imprisonment of either for a term which can be extended to a period of three years either with fine, or with both.Q. A person intending to take dishonestly any mov able property out of the possession of someone is said to commit theft. Theft is against possession and not against ownership. For the offence of theft, a continuous intention is not compulsory. A's dad gifted him a fitbit. One of his friends Shyam thought of a great idea to trouble A. When A was out in the interval Shyam quickly took out his fitbit watch from his bag with a view to do a prank with A, kept the watch in some other pocket of A's bag. Finding his fitbit missing, A immediately went and complained to his Dean. Shyam thought that now A has made a complaint so there is no point in telling the same to A that it is a prank. Finally when the dean ordered for checking of the bags of all the students, one student Radha told the dean that she saw Shyam taking out the watch and changing the place of the fitbit watch. Will Shyam be held liable for theft?a)Shyam will not be held liable for theft as he is not having any dishonest intention while changing the place of the watch.b)Shyam will be held guilty of theft as he should have immediately told the dean about the same.c)Shyam is guilty of theft at the time he took out the fitbit from A's bag because he moved the property without A's knowledge and therefore should be held guilty.d)Shyam will not be held guilty of theft because he just wanted to play a prank and with A making a complaint he knew anyways that if he were caught then he will be held liable for theft so no point keeping it back.Correct answer is option 'A'. Can you explain this answer?.
Solutions for We generally describe theft to be the act of stealing property belonging to somebody else. The offence of Theft comes under the purview of offences against property which extends from section 378 to section 462.Theft has been dealt with under sections 378 to 382.Theft is an offence in which movable property of a person is taken away and it is taken away without his consent.Theft has been defined under Section 378 of IPC.Simultaneously the punishment for the commitment of act of theft has also been defined under Section 379 of IPC.However, theft under IPC has certain specific requirements and ingredients. According to Section 378, theft means dishonestly taking any movable property out of the possession of a person. This taking must always be without the concerned person's consent.Therefore, in order to constitute theft under IPC, the following conditions must exist:(1) The offender must have a dishonest intention to take property;(2) The property in question must always be a mov able property and not immovable;(3) The offender must take the property out of the other person's possession without consent; and(4) The offender must move the property to complete its taking.All of these requirements must exist in order to complete the offence of theft. If anyone of them is missing, the offender is not guilty of theft. For example, a person may take and move somebody else's property thinking it actually belongs to him. In this case, since the offender moved the property as a mistake, he did not commit theft. The Punishment for the offence of Theft is defined under Section 379 of the Indian Penal Code which states that anyone who commits theft will be punished with imprisonment of either for a term which can be extended to a period of three years either with fine, or with both.Q. A person intending to take dishonestly any mov able property out of the possession of someone is said to commit theft. Theft is against possession and not against ownership. For the offence of theft, a continuous intention is not compulsory. A's dad gifted him a fitbit. One of his friends Shyam thought of a great idea to trouble A. When A was out in the interval Shyam quickly took out his fitbit watch from his bag with a view to do a prank with A, kept the watch in some other pocket of A's bag. Finding his fitbit missing, A immediately went and complained to his Dean. Shyam thought that now A has made a complaint so there is no point in telling the same to A that it is a prank. Finally when the dean ordered for checking of the bags of all the students, one student Radha told the dean that she saw Shyam taking out the watch and changing the place of the fitbit watch. Will Shyam be held liable for theft?a)Shyam will not be held liable for theft as he is not having any dishonest intention while changing the place of the watch.b)Shyam will be held guilty of theft as he should have immediately told the dean about the same.c)Shyam is guilty of theft at the time he took out the fitbit from A's bag because he moved the property without A's knowledge and therefore should be held guilty.d)Shyam will not be held guilty of theft because he just wanted to play a prank and with A making a complaint he knew anyways that if he were caught then he will be held liable for theft so no point keeping it back.Correct answer is option 'A'. 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 We generally describe theft to be the act of stealing property belonging to somebody else. The offence of Theft comes under the purview of offences against property which extends from section 378 to section 462.Theft has been dealt with under sections 378 to 382.Theft is an offence in which movable property of a person is taken away and it is taken away without his consent.Theft has been defined under Section 378 of IPC.Simultaneously the punishment for the commitment of act of theft has also been defined under Section 379 of IPC.However, theft under IPC has certain specific requirements and ingredients. According to Section 378, theft means dishonestly taking any movable property out of the possession of a person. This taking must always be without the concerned person's consent.Therefore, in order to constitute theft under IPC, the following conditions must exist:(1) The offender must have a dishonest intention to take property;(2) The property in question must always be a mov able property and not immovable;(3) The offender must take the property out of the other person's possession without consent; and(4) The offender must move the property to complete its taking.All of these requirements must exist in order to complete the offence of theft. If anyone of them is missing, the offender is not guilty of theft. For example, a person may take and move somebody else's property thinking it actually belongs to him. In this case, since the offender moved the property as a mistake, he did not commit theft. The Punishment for the offence of Theft is defined under Section 379 of the Indian Penal Code which states that anyone who commits theft will be punished with imprisonment of either for a term which can be extended to a period of three years either with fine, or with both.Q. A person intending to take dishonestly any mov able property out of the possession of someone is said to commit theft. Theft is against possession and not against ownership. For the offence of theft, a continuous intention is not compulsory. A's dad gifted him a fitbit. One of his friends Shyam thought of a great idea to trouble A. When A was out in the interval Shyam quickly took out his fitbit watch from his bag with a view to do a prank with A, kept the watch in some other pocket of A's bag. Finding his fitbit missing, A immediately went and complained to his Dean. Shyam thought that now A has made a complaint so there is no point in telling the same to A that it is a prank. Finally when the dean ordered for checking of the bags of all the students, one student Radha told the dean that she saw Shyam taking out the watch and changing the place of the fitbit watch. Will Shyam be held liable for theft?a)Shyam will not be held liable for theft as he is not having any dishonest intention while changing the place of the watch.b)Shyam will be held guilty of theft as he should have immediately told the dean about the same.c)Shyam is guilty of theft at the time he took out the fitbit from A's bag because he moved the property without A's knowledge and therefore should be held guilty.d)Shyam will not be held guilty of theft because he just wanted to play a prank and with A making a complaint he knew anyways that if he were caught then he will be held liable for theft so no point keeping it back.Correct answer is option 'A'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of We generally describe theft to be the act of stealing property belonging to somebody else. The offence of Theft comes under the purview of offences against property which extends from section 378 to section 462.Theft has been dealt with under sections 378 to 382.Theft is an offence in which movable property of a person is taken away and it is taken away without his consent.Theft has been defined under Section 378 of IPC.Simultaneously the punishment for the commitment of act of theft has also been defined under Section 379 of IPC.However, theft under IPC has certain specific requirements and ingredients. According to Section 378, theft means dishonestly taking any movable property out of the possession of a person. This taking must always be without the concerned person's consent.Therefore, in order to constitute theft under IPC, the following conditions must exist:(1) The offender must have a dishonest intention to take property;(2) The property in question must always be a mov able property and not immovable;(3) The offender must take the property out of the other person's possession without consent; and(4) The offender must move the property to complete its taking.All of these requirements must exist in order to complete the offence of theft. If anyone of them is missing, the offender is not guilty of theft. For example, a person may take and move somebody else's property thinking it actually belongs to him. In this case, since the offender moved the property as a mistake, he did not commit theft. The Punishment for the offence of Theft is defined under Section 379 of the Indian Penal Code which states that anyone who commits theft will be punished with imprisonment of either for a term which can be extended to a period of three years either with fine, or with both.Q. A person intending to take dishonestly any mov able property out of the possession of someone is said to commit theft. Theft is against possession and not against ownership. For the offence of theft, a continuous intention is not compulsory. A's dad gifted him a fitbit. One of his friends Shyam thought of a great idea to trouble A. When A was out in the interval Shyam quickly took out his fitbit watch from his bag with a view to do a prank with A, kept the watch in some other pocket of A's bag. Finding his fitbit missing, A immediately went and complained to his Dean. Shyam thought that now A has made a complaint so there is no point in telling the same to A that it is a prank. Finally when the dean ordered for checking of the bags of all the students, one student Radha told the dean that she saw Shyam taking out the watch and changing the place of the fitbit watch. Will Shyam be held liable for theft?a)Shyam will not be held liable for theft as he is not having any dishonest intention while changing the place of the watch.b)Shyam will be held guilty of theft as he should have immediately told the dean about the same.c)Shyam is guilty of theft at the time he took out the fitbit from A's bag because he moved the property without A's knowledge and therefore should be held guilty.d)Shyam will not be held guilty of theft because he just wanted to play a prank and with A making a complaint he knew anyways that if he were caught then he will be held liable for theft so no point keeping it back.Correct answer is option 'A'. Can you explain this answer?, a detailed solution for We generally describe theft to be the act of stealing property belonging to somebody else. The offence of Theft comes under the purview of offences against property which extends from section 378 to section 462.Theft has been dealt with under sections 378 to 382.Theft is an offence in which movable property of a person is taken away and it is taken away without his consent.Theft has been defined under Section 378 of IPC.Simultaneously the punishment for the commitment of act of theft has also been defined under Section 379 of IPC.However, theft under IPC has certain specific requirements and ingredients. According to Section 378, theft means dishonestly taking any movable property out of the possession of a person. This taking must always be without the concerned person's consent.Therefore, in order to constitute theft under IPC, the following conditions must exist:(1) The offender must have a dishonest intention to take property;(2) The property in question must always be a mov able property and not immovable;(3) The offender must take the property out of the other person's possession without consent; and(4) The offender must move the property to complete its taking.All of these requirements must exist in order to complete the offence of theft. If anyone of them is missing, the offender is not guilty of theft. For example, a person may take and move somebody else's property thinking it actually belongs to him. In this case, since the offender moved the property as a mistake, he did not commit theft. The Punishment for the offence of Theft is defined under Section 379 of the Indian Penal Code which states that anyone who commits theft will be punished with imprisonment of either for a term which can be extended to a period of three years either with fine, or with both.Q. A person intending to take dishonestly any mov able property out of the possession of someone is said to commit theft. Theft is against possession and not against ownership. For the offence of theft, a continuous intention is not compulsory. A's dad gifted him a fitbit. One of his friends Shyam thought of a great idea to trouble A. When A was out in the interval Shyam quickly took out his fitbit watch from his bag with a view to do a prank with A, kept the watch in some other pocket of A's bag. Finding his fitbit missing, A immediately went and complained to his Dean. Shyam thought that now A has made a complaint so there is no point in telling the same to A that it is a prank. Finally when the dean ordered for checking of the bags of all the students, one student Radha told the dean that she saw Shyam taking out the watch and changing the place of the fitbit watch. Will Shyam be held liable for theft?a)Shyam will not be held liable for theft as he is not having any dishonest intention while changing the place of the watch.b)Shyam will be held guilty of theft as he should have immediately told the dean about the same.c)Shyam is guilty of theft at the time he took out the fitbit from A's bag because he moved the property without A's knowledge and therefore should be held guilty.d)Shyam will not be held guilty of theft because he just wanted to play a prank and with A making a complaint he knew anyways that if he were caught then he will be held liable for theft so no point keeping it back.Correct answer is option 'A'. Can you explain this answer? has been provided alongside types of We generally describe theft to be the act of stealing property belonging to somebody else. The offence of Theft comes under the purview of offences against property which extends from section 378 to section 462.Theft has been dealt with under sections 378 to 382.Theft is an offence in which movable property of a person is taken away and it is taken away without his consent.Theft has been defined under Section 378 of IPC.Simultaneously the punishment for the commitment of act of theft has also been defined under Section 379 of IPC.However, theft under IPC has certain specific requirements and ingredients. According to Section 378, theft means dishonestly taking any movable property out of the possession of a person. This taking must always be without the concerned person's consent.Therefore, in order to constitute theft under IPC, the following conditions must exist:(1) The offender must have a dishonest intention to take property;(2) The property in question must always be a mov able property and not immovable;(3) The offender must take the property out of the other person's possession without consent; and(4) The offender must move the property to complete its taking.All of these requirements must exist in order to complete the offence of theft. If anyone of them is missing, the offender is not guilty of theft. For example, a person may take and move somebody else's property thinking it actually belongs to him. In this case, since the offender moved the property as a mistake, he did not commit theft. The Punishment for the offence of Theft is defined under Section 379 of the Indian Penal Code which states that anyone who commits theft will be punished with imprisonment of either for a term which can be extended to a period of three years either with fine, or with both.Q. A person intending to take dishonestly any mov able property out of the possession of someone is said to commit theft. Theft is against possession and not against ownership. For the offence of theft, a continuous intention is not compulsory. A's dad gifted him a fitbit. One of his friends Shyam thought of a great idea to trouble A. When A was out in the interval Shyam quickly took out his fitbit watch from his bag with a view to do a prank with A, kept the watch in some other pocket of A's bag. Finding his fitbit missing, A immediately went and complained to his Dean. Shyam thought that now A has made a complaint so there is no point in telling the same to A that it is a prank. Finally when the dean ordered for checking of the bags of all the students, one student Radha told the dean that she saw Shyam taking out the watch and changing the place of the fitbit watch. Will Shyam be held liable for theft?a)Shyam will not be held liable for theft as he is not having any dishonest intention while changing the place of the watch.b)Shyam will be held guilty of theft as he should have immediately told the dean about the same.c)Shyam is guilty of theft at the time he took out the fitbit from A's bag because he moved the property without A's knowledge and therefore should be held guilty.d)Shyam will not be held guilty of theft because he just wanted to play a prank and with A making a complaint he knew anyways that if he were caught then he will be held liable for theft so no point keeping it back.Correct answer is option 'A'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice We generally describe theft to be the act of stealing property belonging to somebody else. The offence of Theft comes under the purview of offences against property which extends from section 378 to section 462.Theft has been dealt with under sections 378 to 382.Theft is an offence in which movable property of a person is taken away and it is taken away without his consent.Theft has been defined under Section 378 of IPC.Simultaneously the punishment for the commitment of act of theft has also been defined under Section 379 of IPC.However, theft under IPC has certain specific requirements and ingredients. According to Section 378, theft means dishonestly taking any movable property out of the possession of a person. This taking must always be without the concerned person's consent.Therefore, in order to constitute theft under IPC, the following conditions must exist:(1) The offender must have a dishonest intention to take property;(2) The property in question must always be a mov able property and not immovable;(3) The offender must take the property out of the other person's possession without consent; and(4) The offender must move the property to complete its taking.All of these requirements must exist in order to complete the offence of theft. If anyone of them is missing, the offender is not guilty of theft. For example, a person may take and move somebody else's property thinking it actually belongs to him. In this case, since the offender moved the property as a mistake, he did not commit theft. The Punishment for the offence of Theft is defined under Section 379 of the Indian Penal Code which states that anyone who commits theft will be punished with imprisonment of either for a term which can be extended to a period of three years either with fine, or with both.Q. A person intending to take dishonestly any mov able property out of the possession of someone is said to commit theft. Theft is against possession and not against ownership. For the offence of theft, a continuous intention is not compulsory. A's dad gifted him a fitbit. One of his friends Shyam thought of a great idea to trouble A. When A was out in the interval Shyam quickly took out his fitbit watch from his bag with a view to do a prank with A, kept the watch in some other pocket of A's bag. Finding his fitbit missing, A immediately went and complained to his Dean. Shyam thought that now A has made a complaint so there is no point in telling the same to A that it is a prank. Finally when the dean ordered for checking of the bags of all the students, one student Radha told the dean that she saw Shyam taking out the watch and changing the place of the fitbit watch. Will Shyam be held liable for theft?a)Shyam will not be held liable for theft as he is not having any dishonest intention while changing the place of the watch.b)Shyam will be held guilty of theft as he should have immediately told the dean about the same.c)Shyam is guilty of theft at the time he took out the fitbit from A's bag because he moved the property without A's knowledge and therefore should be held guilty.d)Shyam will not be held guilty of theft because he just wanted to play a prank and with A making a complaint he knew anyways that if he were caught then he will be held liable for theft so no point keeping it back.Correct answer is option 'A'. Can you explain this answer? tests, examples and also practice CLAT tests.
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