Given below are Legal Principles followed by a Factual Situation. Apply the principles followed by a factual Situation. Apply the principle to it and select the most appropriate answer for question among the four choices given.
LEGAL PRINCIPLE: Whoever, intending to take honestly any movable property out of the possession of any person without that person's consent, moves that property in, is said to commit theft. Whoever commits theft shall be punished with imprisonment which may extend to three years of with fine or with both.
FACTUAL SITUATION: Raju sees a cell phone belonging to Ram lying on the table in Ram's house. Raju hides the cell phone in Ram's house in such a place where Ram could not find it ever, due to the fear of immediate search and detection. Raju did this with the intention of taking away the cell phone from the hidden place when Ram forgets about and then sells it off.
Question-Is Raju guilty of theft?
Given below are Legal Principles followed by a Factual Situation. Apply the principles followed by a factual Situation. Apply the principle to it and select the most appropriate answer for question among the four choices given.
LEGAL PRINCIPLE: Whoever, intending to take honestly any movable property out of the possession of any person without that person's consent, moves that property in, is said to commit theft. Whoever commits theft shall be punished with imprisonment which may extend to three years of with fine or with both.
FACTUAL SITUATION: Raju sees a cell phone belonging to Ram lying on the table in Ram's house. Raju hides the cell phone in Ram's house in such a place where Ram could not find it ever, due to the fear of immediate search and detection. Raju did this with the intention of taking away the cell phone from the hidden place when Ram forgets about and then sells it off.
Question-Is Raju guilty of theft?
The correct option is D Yes, because Raju intended to take the movable property from Rams possession and with intention he moved the property
According to the principle given, there are 3 main essentials required for committing theft. These essentials or ingredients are:-
That the taking away of the property must be done dishonestly.-Dishonesty, as defined in section 24of IPC, consists of two main ingredients it says that an act is done which cause either ‘wrongful gain' or ‘wrongful loss' is said to be done dishonestly. Dishonesty must have the element of mens rea to cause loss or gain to oneself.
That there should be an intention of taking property from the possession of another. Such intention must be to cause wrongful gain to oneself or wrongful loss to another.
That such taking away of property must be done without the permission of the owner- i.e. without consent.
Raju is guilty of the crime of Theft as he has dishonestly moved the property belonging to Ram from Ram's possession with the intention of taking it away. here, it is immaterial if he could actually take the cell phone away from Ram or not. A mere change in the position of the cell phone by Raju with the dishonest intention of taking it away is enough to constitute the crime of theft.
According to the principle given, there are 3 main essentials required for committing theft. These essentials or ingredients are:-
That the taking away of the property must be done dishonestly.-Dishonesty, as defined in section 24of IPC, consists of two main ingredients it says that an act is done which cause either ‘wrongful gain' or ‘wrongful loss' is said to be done dishonestly. Dishonesty must have the element of mens rea to cause loss or gain to oneself.
That there should be an intention of taking property from the possession of another. Such intention must be to cause wrongful gain to oneself or wrongful loss to another.
That such taking away of property must be done without the permission of the owner- i.e. without consent.
Raju is guilty of the crime of Theft as he has dishonestly moved the property belonging to Ram from Ram's possession with the intention of taking it away. here, it is immaterial if he could actually take the cell phone away from Ram or not. A mere change in the position of the cell phone by Raju with the dishonest intention of taking it away is enough to constitute the crime of theft.
