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.
PRINCIPLE: Whoever, intending to take dishonestly any movable property out of the possession of any person without that person's consent, moves that property in order to such taking, is said to commit theft.
FACTS: Rohan, a cashier at a bank is kidnapped by a gang of local goons. When he was kidnapped, he was also carrying a gold biscuit in his coat's secret pocket on behalf of the bank. Despite a search conducted on Rohan, the goons could not discover that he was a carrying a gold biscuit. However, the goons threw away the coat while typing Rohan's limbs. The bank manager located a complaint in the local police station for kidnapping of his employee and theft of gold-biscuit. On the basis of these limited facts, would the prosecution be able to prove the offence of theft against the goons?
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.
PRINCIPLE: Whoever, intending to take dishonestly any movable property out of the possession of any person without that person's consent, moves that property in order to such taking, is said to commit theft.
FACTS: Rohan, a cashier at a bank is kidnapped by a gang of local goons. When he was kidnapped, he was also carrying a gold biscuit in his coat's secret pocket on behalf of the bank. Despite a search conducted on Rohan, the goons could not discover that he was a carrying a gold biscuit. However, the goons threw away the coat while typing Rohan's limbs. The bank manager located a complaint in the local police station for kidnapping of his employee and theft of gold-biscuit. On the basis of these limited facts, would the prosecution be able to prove the offence of theft against the goons?
The correct option is B The goons are responsible for theft as they had no idea of the existence of gold biscuit in Rohan's coat.
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.
Here, the goons have not committed theft of the gold biscuits, as they did not threw Rahul's coat in order to steal or dishonestly take away the gold biscuits.
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.
Here, the goons have not committed theft of the gold biscuits, as they did not threw Rahul's coat in order to steal or dishonestly take away the gold biscuits.
