Question

PRINCIPLE: Whoever takes away anything from the land of any person without that person's consent is said to have committed theft. A thing so long as it is attached to the earth is not the subject of theft; but it becomes capable of being the subject of theft as soon as it is severed from the earth.
FACTS: Y cuts down a tree standing on the land of X with the intention of dishonestly taking the tree out of X's possession without the consent of X. But Y is yet to take away the tree out of X's possession.

• A. Y has committed theft as soon as he came to the land of X
• B. Y has committed theft as soon as the tree as been completely cut down by him
• C. Y has committed theft as soon as he has started cutting down the tree
• D. Y has not committed theft because he is yet to take away the tree out of X's possession.

Answer 1

Answer: (B)

Y has committed theft as soon as the tree as been completely cut down by him

Y has committed theft. The principle states that there is a commission of theft as soon as a thing so attached to the Earth is severed from the Earth.

As soon as Y severed tree belonging to X from X's land the tree became subject of theft. As soon as Y did an act to take away a property belonging to X from his possession he has committed theft. Actual taking away of the property is not a necessary and mere change in property with the intention of taking it away is theft.

therefore, even though Y is yet to take the tree out of X's possession he has committed theft as soon as he severed the tree from X's land.