Question

LEGAL 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.
FACTUAL SITUATION: A, in good faith, believing property belonging to B to be A's own property, sells the property, sells the property to C. Has A committed theft?
DECISION will be ______.

• A. No, because he did not ave a dishonest intention
• B. No, he did not move the property
• C. No, he did not move property that was in B's possession
• D. Yes, the constituent elements of theft are satisfied in this case

Answer 1

Answer: (A)

No, because he did not ave a dishonest intention

According to the principle 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. 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. Such taking away of property must be done without the permission of the owner- i.e. without consent. Since there was no dishonest intention and whatever A did was in good faith and under the presumption that the property belonged to himself sold the property. Therefore, A has not committed theft.