PRINCIPLE: Whoever intending to take dishonestly (with in intention to cause wrongful loss to another or wrongful gain to himself) any movable property without that person's consent, moves that property in order to such taking, is said to commit theft.
FACTUAL SITUATION: A had lent his watch to B for a period of a month. Two days after he had done so, he walked into B's office to find the watch on B's table. He decided to take the watch back. A was prosecuted for theft.
PRINCIPLE: Whoever intending to take dishonestly (with in intention to cause wrongful loss to another or wrongful gain to himself) any movable property without that person's consent, moves that property in order to such taking, is said to commit theft.
FACTUAL SITUATION: A had lent his watch to B for a period of a month. Two days after he had done so, he walked into B's office to find the watch on B's table. He decided to take the watch back. A was prosecuted for theft.
The correct option is D A is not guilty of the offence since he was not doing the act dishonestly
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 not done with dishonest intention that is to either cause wrongful gain to himself or wrongful loss to B.
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 not done with dishonest intention that is to either cause wrongful gain to himself or wrongful loss to B.
