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  • Read the following passage and answer the question Section 378 of the Indian Penal Code defines the offence of theft, meaning the dishonest removal of movable property out o

Read the following passage and answer the question
Section 378 of the Indian Penal Code defines the offence of theft, meaning the dishonest removal of movable property out of the possession of any person without his consent. An act does not amount to the offence of theft under the Code unless there is not only no legal right but no legal appearance or colour of a legal right. By the expression ‘colour of legal right’ is meant not a false pretense but a fair pretense, not a complete absence of claim but a bona fide claim, however weak. In India, under the Hindu law, a husband and a wife can be liable for theft against each other. For instance, the husband is liable for the theft, if he takes away the stridhan property of his wife, which is her exclusive property as per various judgments of the Court. Intention is the gist of the offence. The taking will not amount to theft unless the intention with which it is taken is dishonest. In the judgment of Queen Express v Sri ChurunChungo, I (1895) ILR 22 Cal 1017, if a creditor takes a moveable property out of a debtor’s possession without his consent, with the intention of coercing him to pay his debt, this constitutes the offence of theft under the Penal Code. Where a partner in a business did not know that he was endorsing a cheque and believed that he was merely signing a piece of paper which he gave to the accused, even though the property for which the cheque was endorsed did not pass to the accused by reason of endorsement, but remained with the complainant, the accused was held guilty of dishonestly appropriating the property. It cannot be laid down as a general principle of law that a partner can in no circumstances commit theft of the partnership property.
Question
From the following, determine the nature of property upon which the offence of theft may be committed under the Indian Penal Code.
(1) The subject of theft must be the corporeal property of every description.
(2) The theft of electricity is considered as theft of the moveable property covered under the Indian Penal Code.
(3) Severing of anything which is permanently fixed to anything which is attached to earth is said to be an offence of theft of moveable property.

 

Option: 1

(1) & (3) only

 


Option: 2

(2) & (3) only

 


Option: 3

(1) & (2) only

 


Option: 4

All of the above

 


Answers (1)

best_answer

In order to constitute the offence of theft under the Section 378 of the Indian Penal Code, one of the important elements that must be fulfilled is the existence of moveable property for the purpose of taking away or removing the said property from the possession of any person. The subject of theft must be a corporeal property of every description, which is considered as the moveable property. Furthermore, where severing or cutting off of anything which is of permanent nature that is fixed to the ground, or which is attached to earth, then such severance would constitute the offence of theft. In Avtar Singh v State of Punjab, AIR 1965 SC 666, the Supreme Court up held that the theft of electricity is not considered as theft of moveable property within Section 379 of the Indian Penal Code.

 

Posted by

Ritika Jonwal

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