LEGAL PRINCIPLES: (1) 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.
(2) Whoever dishonestly misappropriates or converts to his own use any movable property, shall be punished with imprisonment of either description for a term may extend to two years, or with fine, or with both.
FACTS: A takes umbrella belonging to Z out of Z's possession in good faith, believing at the time when he took it, that the property belongs to himself. His wife points out after some days that the umbrella does not belong to them but to Z. After coming to know that, A dishonestly keeps the umbrella.
DECISION will be _____.
LEGAL PRINCIPLES: (1) 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.
(2) Whoever dishonestly misappropriates or converts to his own use any movable property, shall be punished with imprisonment of either description for a term may extend to two years, or with fine, or with both.
FACTS: A takes umbrella belonging to Z out of Z's possession in good faith, believing at the time when he took it, that the property belongs to himself. His wife points out after some days that the umbrella does not belong to them but to Z. After coming to know that, A dishonestly keeps the umbrella.
DECISION will be _____.
The correct option is A A is guilty of criminal misappropriation
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 consentWhereas Misappropriation is when a property of a person is converted or misappropriated by another person for his own use. Since in this facts A moved the property out of Z's possession in good faith and not dishonestly, therefore, he hasn't committed theft. But after he has the knowledge that the property doesn't belong to him but to Z, A dishonestly misappropriates the Umbrella for his own use. Therefore, he has committed the crime of criminal misappropriation.
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
