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: Theft is the dishonest moving of property with the intention of taking it out for the person's possession without his consent.
FACTUAL SITUATION: A gives his woollen coat to a dry cleaner along with his wife's sarees for the purpose of dry cleaning. He is told to collect the clothes after two days. When he comes after two days he finds that he does not have enough money to pay dry cleaner. But since due to the winter, he needs the coat desperately, he surreptitiously places the coat neat his other goods so that he can quietly take it without the knowledge of the dry cleaner.
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: Theft is the dishonest moving of property with the intention of taking it out for the person's possession without his consent.
FACTUAL SITUATION: A gives his woollen coat to a dry cleaner along with his wife's sarees for the purpose of dry cleaning. He is told to collect the clothes after two days. When he comes after two days he finds that he does not have enough money to pay dry cleaner. But since due to the winter, he needs the coat desperately, he surreptitiously places the coat neat his other goods so that he can quietly take it without the knowledge of the dry cleaner.
The correct option is A A is guilty 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 causes 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.
A transferred the possession of the woolen coat and saree to the dry cleaner. A then dishonestly moved the woolen coat from the dry cleaner's possession and placed it near his other goods without dry cleaner's consent. Therefore, he has committed 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 causes 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.
A transferred the possession of the woolen coat and saree to the dry cleaner. A then dishonestly moved the woolen coat from the dry cleaner's possession and placed it near his other goods without dry cleaner's consent. Therefore, he has committed theft.
