- Section 378 IPC defines theft. The key elements are: (1) dishonest intention, (2) to take movable property, (3) out of the possession of any person, (4) without that person's consent, and (5) there must be a moving of the property in order to effect such taking. - Option A is incorrect because theft is an offence against possession, not necessarily ownership. One can steal from a person who is lawfully in possession but not the owner. - Option C is incorrect because the definition explicitly requires the moving of the property (Section 378 Explanation 5). The taking must be accompanied by motion. - Option D is incorrect because theft applies only to movable property (Section 378). Immovable property cannot be stolen under the IPC definition of theft. - Option B is correct as dishonest intention is the fundamental mental element (mens rea) required for the offence of theft.
Which one of the following with regards to offence of theft is correct ?
Asked in UPSC CISF AC EXE 2020 · Topic: The Parliamentary Act (Powers and Functions of Parliament (Legislative, Executive, Financial, Constituent))
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Answer: B. Dishonest intention is the gist of offence of theft.
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