Question

A handed over his watch to B for safekeeping. B sells the watch to C, which he was not authorised to do. B is prosecuted for theft.

Options

• B is guilty of theft because he gained from the act

• B is not guilty of theft because he was in possession of the watch

• B is not guilty of theft because A had given him the watch

• B is guilty of theft because caused wrongful loss to A

Answer 1

B is not guilty of theft because he was in possession of the watch

Explanation:

B has possession of the property. This is a case of breach of trust rather than theft. Theft is done when something is taken out of possession without that person's consent, but a breach of trust is done when someone gives the property in trust and other misuse or misappropriates the property against trust created.