Principle : THEFT facts : A finds Bs cattle roaming on the streets and takes them home to prevent them from being ran over buy any vehicle. B doesn't finds out his cattle and files a complaint about their missing . (a) A is guilty as he doesn't informed B about his cattles whereabouts (b) A is not guilty as the cattles were not in Bs possession (c) A is not guilty as cattles are not a movable property (d) A is not guilty of theft as their is no dishonest intention?

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Principle : THEFT facts : A finds Bs cattle roaming on the streets and takes them home to prevent them from being ran over buy any vehicle. B doesn't finds out his cattle and files a complaint about their missing . (a) A is guilty as he doesn't informed B about his cattles whereabouts (b) A is not guilty as the cattles were not in Bs possession (c) A is not guilty as cattles are not a movable property (d) A is not guilty of theft as their is no dishonest intention?

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Principle : THEFT facts : A finds Bs cattle roaming on the streets and...

Principle: THEFT

Facts:

A finds Bs cattle roaming on the streets and takes them home to prevent them from being run over by any vehicle.

B doesn't find out his cattle and files a complaint about their missing.

Answer:

The principle of theft involves dishonesty and the intention to take someone else's property without their consent. In this case, A found Bs cattle roaming on the streets and took them home to prevent them from being run over by any vehicle. A did not have any dishonest intention to take Bs cattle for his own use. Therefore, A is not guilty of theft.

Arguments:

A is guilty as he doesn't inform B about his cattle's whereabouts:
This argument is not valid as A has taken Bs cattle to prevent them from being run over by any vehicle. A has not taken the cattle with any intention to steal them.

A is not guilty as the cattle were not in Bs possession:
This argument is not valid as ownership of the cattle is not a relevant factor in determining theft. The principle of theft involves dishonesty and the intention to take someone else's property without their consent.

A is not guilty as cattle are not a movable property:
This argument is not valid as cattle are considered movable property under the law. The principle of theft applies to all types of movable property, including cattle.

A is not guilty of theft as there is no dishonest intention:
This argument is valid as the principle of theft involves dishonesty and the intention to take someone else's property without their consent. Since A did not have any dishonest intention to take Bs cattle for his own use, he is not guilty of theft.

Conclusion:
Based on the above arguments, it can be concluded that A is not guilty of theft as there was no dishonest intention to take Bs cattle without his consent.

Answered by Glance Learning Institute · View profile

Community Answer

Principle : THEFT facts : A finds Bs cattle roaming on the streets and...

The answer should be D because there is no dishonest intention

P.S:- answer depends on a principle

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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?

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Directions: The question consists of two statements, one labelled as Principle(s) and the other as Facts. You are to examine the principle and apply it to the given facts carefully and select the best option.Principle: Whoever, intending to take dishonestly any movable property out of the possession of any person without the person's consent, moves that property in order to such taking, is said to commit theft.Facts: Harry goes to the local police station to lodge a complaint. However, the constables of the police station are fast asleep. Despite all his attempts to wake them up, they remain asleep. He, therefore decides to complain to the higher authorities, and on his way out he picks up a pair of handcuffs to show the incompetence of the police. He is prosecuted for theft.Decide.

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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

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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. Joe finds a gold bangle lying on the road. Joe picked the bangle and walked away. Has Joe committed theft?

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Principle: Whoever, intending to dishonestly take any property out of the possession of another person, moves that property for such taking, is said to commit theft.Facts: Suresh went into the house of his friend Ramesh to discuss some important matters. Since Ramesh was not at home, Suresh waited for him in the latter's drawing room. When Ramesh did not turn up, Suresh took out a pen from Ramesh's table and wrote down a message and went home. While going back, by force of habit, he just dropped the pen into the pocket. Subsequently, he forgot about it. Since the pen happened to be a very valuable one, Ramesh complained to the police and the police traced the pen in Suresh's house. Is Suresh liable for theft?

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Principle : THEFT facts : A finds Bs cattle roaming on the streets and takes them home to prevent them from being ran over buy any vehicle. B doesn't finds out his cattle and files a complaint about their missing . (a) A is guilty as he doesn't informed B about his cattles whereabouts (b) A is not guilty as the cattles were not in Bs possession (c) A is not guilty as cattles are not a movable property (d) A is not guilty of theft as their is no dishonest intention? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about Principle : THEFT facts : A finds Bs cattle roaming on the streets and takes them home to prevent them from being ran over buy any vehicle. B doesn't finds out his cattle and files a complaint about their missing . (a) A is guilty as he doesn't informed B about his cattles whereabouts (b) A is not guilty as the cattles were not in Bs possession (c) A is not guilty as cattles are not a movable property (d) A is not guilty of theft as their is no dishonest intention? covers all topics & solutions for CLAT 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Principle : THEFT facts : A finds Bs cattle roaming on the streets and takes them home to prevent them from being ran over buy any vehicle. B doesn't finds out his cattle and files a complaint about their missing . (a) A is guilty as he doesn't informed B about his cattles whereabouts (b) A is not guilty as the cattles were not in Bs possession (c) A is not guilty as cattles are not a movable property (d) A is not guilty of theft as their is no dishonest intention?.

Solutions for Principle : THEFT facts : A finds Bs cattle roaming on the streets and takes them home to prevent them from being ran over buy any vehicle. B doesn't finds out his cattle and files a complaint about their missing . (a) A is guilty as he doesn't informed B about his cattles whereabouts (b) A is not guilty as the cattles were not in Bs possession (c) A is not guilty as cattles are not a movable property (d) A is not guilty of theft as their is no dishonest intention? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.

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