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 PRINCIPLES: Whoever dishonestly takes away any property from the possession of another, with an intention of such taking away, without his permission is liable for theft.

FACTUAL SITUATION: Raja, a famous gangster, moves into an apartment in Kankurgachi, Calcutta. There, he discovers that the previous owner of the apartment had left behind a pair of beautiful ivory-handled combs. Mesmerized by their beauty and confused as to whom he should be returning them to, he decides to retain them and starts using them. The previous owner of the combs gets to know this and registers an FIR for theft against Raja. Is Raja liable? DECISION:

विकल्प

• Raja is liable for theft as he failed to return the property even when he knew it was someone else’s property.

• Raja is not liable as he is not taken it away from anyone else’s possession and there was no dishonest intention.

• Raja is liable as you don’t expect anything better from a gangster.

• Raja is not liable as he was confused as to whom he should be returning the property to.

Answer 1

Raja is not liable as he is not taken it away from anyone else’s possession and there was no dishonest intention.

Explanation:

"Raja is not liable as he is not taken it away from anyone else’s possession and there was no dishonest intention." is correct. Here Raja did not take comb's out of the possession of previous owner. However the previous owner can claim them back.  
Under section 378 Indian Penal Code defines theft.  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 taken, is said to commit theft.  
The consent mentioned in the definition may be express or implied, and any may be given either by the person in possession or by any person having for that purpose authority either express or implied.