- Section 378 of the Indian Penal Code, 1860 defines theft. It applies to movable property. - Explanation 1 to Section 378 clarifies that a thing attached to the earth is not movable property, but it becomes capable of being the subject of theft as soon as it is severed from the earth. - Illustration (b) under Section 378 is precisely this scenario: cutting down a tree with the intention of dishonestly taking it constitutes theft upon severance.
‘A’ cut down a tree on ‘B’s ground, with the intention of dishonestly taking the tree out of ‘B’s possession without ‘B’s consent. Which one of the following statements is correct ?
Asked in UPSC CISF AC EXE 2022 · Topic: The Parliamentary Act (Powers and Functions of Parliament (Legislative, Executive, Financial, Constituent))
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Answer: C. ‘A’ committed theft as soon as he severed the tree in order to such taking.
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