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 occurs when a person dishonestly takes any movable property out of the possession of any person without that person's consent.
FACTUAL SITUATION: Keshav finds Manu's cattle roaming the streets and takes them home to prevent them from being run over by vehicles. Manu does not find his cattle and makes a complaint to the police reporting them to be missing.
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 occurs when a person dishonestly takes any movable property out of the possession of any person without that person's consent.
FACTUAL SITUATION: Keshav finds Manu's cattle roaming the streets and takes them home to prevent them from being run over by vehicles. Manu does not find his cattle and makes a complaint to the police reporting them to be missing.
The correct option is A Keshav is guilty of theft as he did not inform Manu as the whereabouts of his cattle
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.
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.
