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Question
LEGAL PRINCIPLE Any direct physical, interference with goods in somebody's possession without lawful justification is called trespass of goods.
FACTS Z purchased a car from a person who had no title to it and sent it to a garage for repair. X believing wrongly that the car was his, removed it from the garage.
Options
X can be held responsible for the trespass of goods
X cannot be held responsible for trespass of good as he was under a wrong belief
X has not committed any wrong
None of the above
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Solution
X can be held responsible for the trespass of goods
Explanation:
Under section 441 of IPC which defines Criminal trespass that whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property or having lawfully entered into or upon such property, unlawfully remains there with the intent thereby to intimidate, insult or annoy any such person or with intent to commit an offence.
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