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 dishonestly any movable property out of the possession of any person without that person's consent, moves property in order to such taking, is said to commit theft.
FACTUAL SITUATION: Kirit puts a bait for dog in his pocket and induces Amrit's dog to follow him. Amrit's dog began to follow him. Amrit's dog began to follow Kirit. Amrit when came to know about it informed police. Police arrived at Kirit's house and Kirit without any fear told that I have not brought the dog myself as the people steal the goods and objects. The dog has come on his own feet up to my house.
Decide.
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 dishonestly any movable property out of the possession of any person without that person's consent, moves property in order to such taking, is said to commit theft.
FACTUAL SITUATION: Kirit puts a bait for dog in his pocket and induces Amrit's dog to follow him. Amrit's dog began to follow him. Amrit's dog began to follow Kirit. Amrit when came to know about it informed police. Police arrived at Kirit's house and Kirit without any fear told that I have not brought the dog myself as the people steal the goods and objects. The dog has come on his own feet up to my house.
Decide.
The correct option is D Kirit has committed the offence of the theft as his intention is to take away the dog from Amrit's possession without his consent and his offence is complete when the dog began to follow.
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.
Kirit has committed the offence of the theft as his intention of taking away the dog is clearly shown by his act of putting bait for the dog in his pocket and inducing the dog to follow him.
He has dishonestly and with the intention of taking away the dog has baited the dog to follow him.
This was done without the consent of Amrit and therefore, Kirit has committed the offence 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.
Kirit has committed the offence of the theft as his intention of taking away the dog is clearly shown by his act of putting bait for the dog in his pocket and inducing the dog to follow him.
He has dishonestly and with the intention of taking away the dog has baited the dog to follow him.
This was done without the consent of Amrit and therefore, Kirit has committed the offence of theft.
