Question

Given below is a statement of legal principle followed by a factual situation. Apply the principle to the facts given below and select the most appropriate answer.

LEGAL PRINCIPLE: 

1. Whoever, intending to take dishonestly any movable property out of the possession of any person without that person’s consent, moves that property in order to such taking is said to commit theft.

2. Whoever dishonestly misappropriates or converts to his own any movable property, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

FACTUAL SITUATION: 

A takes umbrella belonging to Z out of Z’s possession in good faith, believing at the time when he took it, that the property belongs to himself. His wife points out after some days that the umbrella does not belong to them but to Z. After coming to know that, A dishonestly keeps the umbrella. DECISION:

विकल्प

• A is guilty of criminal misappropriation

• A is guilty of criminal breach of trust

• A is guilty of theft

• Both A and his wife are guilty of criminal misappropriation

Answer 1

A is guilty of theft

Explanation:

In the present problem dishonest intention of A to take umbrella out of z' s possession.  Hence a guilty of theft under section 378 IPC.