Principle: Whoever Intending to Take Dishonestly (With an Intention to Cause Wrongful Loss to Another Or Wrongful Gain to Himself) - Legal Reasoning

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Principle: Whoever intending to take dishonestly (with an intention to cause wrongful loss to another or wrongful gain to himself) any moveable property without that person's consent, moves that property in order to such taking is said to commit theft. (Common for Q. No. 18 and 19) A had lent his watch to B for a period of a month. Two days after he had done so, he walked into B's office to find the watch on B's table. He decided to take the watch back. A was prosecuted for theft.

Options

  • A is not guilty of the offense since he owned the watch

  • A is not guilty of the offence since he was not doing the act dishonestly

  • A is guilty of the offense since he caused wrongful loss to B

  • A is not guilty of the offense since he had lent the watch to B only for a short period of time

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Solution

A is not guilty of the offense since he was not doing the act dishonestly

Explanation:

When A took back the watch his intention was not dishonest. He neither caused wrongful loss to B or wrongful gain to himself. So he is not liable for theft.  Therefore "A is not guilty of the offense since he was not doing the act dishonestly" is correct. However, it was the duty of  A to inform B of such action.

Concept: Indian Penal Code (Entrance Exams)
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A. A person is an employee of another if the mode and the manner in which he or she carries out his work is subject to control and supervision of the latter.
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