Question

Given below are a legal principle and a factual situation. Apply the given legal principle to the factual situation and select the most appropriate answer to the question given below:

Principle: Whoever intending to take dishonestly (with an intention to cause wrongful loss to another or wrongful gain to himself) any movable property without that person's consent, moves that property in order to such taking, is said to commit theft.

Factual Situation: A had lent his watch to B for a period of a month. Two days after he had done so, he walked into B's office to find the watch on B's table. He decided to take the watch back. A was prosecuted for theft.

• A. A is not guilty of the offence since he owned the watch
• B. A is not guilty of the offence since he was not doing the act dishonestly
• C. A is not guilty of the offence since he did not cause wrongful loss to B
• D. A is not guilty of the offence since he had lent the watch to B only for a short period of time

Answer 1

Answer: (C)

A is not guilty of the offence since he did not cause wrongful loss to B

A is not guilty as he didn't cause wrongful loss to B.

A himself given his watch to B. B didn't steal it by any conduct. B doesn't have a wrong intention to do so as he won't be held liable for the offence of neither theft nor dishonesty. There's no theft in the present mentioned case.

Hence, C is the correct option.