Principle: Whoever, Intending to Take Dishonestly Any Movable Property Out of the Possession of Any Person Without that Person’S Consent - Legal Reasoning

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MCQ

The question consists of two statements, one labelled as PRINCIPLE and other as FACT. You are to examine the principle and apply it to the given facts carefully and select the best option.

Principle: Whoever, intending to take dishonestly any movable property out of the possession of any person without that person’s consent, moves that property with an intention to take it, is said to commit theft.

Facts: Y cuts down a tree on Z’s ground, with the intention of dishonestly taking it out of Z’s possession without Z’s consent. Y could not take away the tree.

Options

  • Y can be prosecuted for theft

  • Y cannot be prosecuted for theft

  • Y can be prosecuted for attempt to theft

  • Y has neither committed theft nor attempted to commit theft

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Solution

Y can be prosecuted for theft

Explanation:

section 378 Indian Penal Code defines theft as 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.  
1. A thin so long as it is attached to the earth, not being movable property is not the subject of theft, but it becomes capable of being the subject of theft as soon as it is severed from the earth.  
2. A moving effected by the same act which affects the severance may be a theft.  
3. A person is said to cause a thing to move by removing an obstacle which prevented it from moving or by separating it from any other thing, as well as by actually  moving it.  
4. A person, who by any means causes an animal to move,  is said to move that animal, and to move everything which, in consequence of the motion so caused, is moved by that animal.  
5 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.  
The above-noted problem is based on Illustration (a)  of Section 378 of IPC, 1860 as Y dishonestly cuts down a tree with the intention of taking out of Z's possession without taking his consent, hence Y can be prosecuted for theft. 

Concept: Indian Penal Code (Entrance Exams)
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Juvenile delinquency has become a major problem, and only by addressing the basics can it be tackled. Attention towards co-curricular activities should be given to mold the child in the right and engaging way. The more he is forced to obey rules at school, diktats at home, mores of the society, the more he will escape to criminal acts in order to vent out his frustration. Forcing him will only make him hate it all. Hence, the approach should be to make exercises of discipline, etiquette, and moral sense interesting. This is where cocurricular activities come into play.

Juvenile offenders have the same set of constitutional guarantees as an adult, such as a fair trial. But very often, adult offenders are able to secure bail faster than a juvenile offender. Merely because the juvenile is not punished, it can in no way take away his/her constitutional guarantees of liberty. The only difference is that, unlike adult offenders, the state must protect, and ultimately rehabilitate, juvenile offenders. But protection cannot become custody. Also, the statute stresses on privacy as a right for the juvenile offender. But in the garb of privacy, there is very little effort for scrutiny and transparency in the process. The statute focuses on necessary infrastructure with significant involvement of informal systems, specifically the family, voluntary organizations, and the community, to provide a system separate from the criminal justice system. For this to become a reality, we must build effective linkages between districts and states, among various government agencies in association with child rights groups, along with effective legal services for the children and their families. Otherwise, juvenile justice will become a poor copy of the criminal justice system, only hardening the children caught in it.

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