Question

A handed over his watch to B for safe-keeping, B sells the watch to C, which he was not authorised to do, B is prosecuted for theft.

• A. B is guilty of theft because he gained from the act
• B. B is not guilty of theft because he was in possession of the watch
• C. B is not guilty of theft because A had given him the watch
• D. B is guilty of theft because he caused wrongful loss to A

Answer 1

The correct option is B B is not guilty of theft because he was in possession of the watch

B has not committed theft. Since, theft is committed when an immovable property is taken dishonestly from the possession of any person without his consent.

As per the facts, even though A was the owner of the watch but he had transferred the possession of the watch to B for safe keeping and therefore the person whose consent to move the watch was required is B himself. Since he had the possession of A's watch. Therefore, B has not committed theft.