the subject matter of theft must be movable property it must not be immovable property.Įxample – A cuts down a tree on B’s ground with the intention of dishonestly taking the tree out of the B’s possession without consent. and which is not attached with earth and can move from one place to another is known as movable property which is defined under section 22 of IPC. The property which permanently attached to the earth is known as immovable property. B demanded his making charge to A but a refuses and take away his suit without the consent of B, here A is guilty of theft because it takes his own suit without paying the stitching charges. Where a person takes another’s property believing on the mistake of fact that he has the right to take that property, he has not guilty of theft because there is no dishonest intention and mistake of fact is excusable.Ī gives a piece of cloth to B a tailor for making a suit for him.

The accused working in a government office removed a file to his house, made it available to an outsider and then returned it to the office after two days. If a person takes away any movable property without the consent of the property holder even though temporarily and with an intention to return it later on, it would amount to theft.

so here the accused punished under theft. Is no wrongful gain of the thief but there is wrongful loss of the owner. it is not necessary that the taker of property must have wrongful gain it would be sufficient if it causes wrongful loss to the property holder.Įxample: The accused took the complainant’s three cows against her consent and distributed them among three people there The intention must exist that the taker of the property intends to cause wrongful gain to one person or wrongful loss to another person. The intention is the important ingredient to perform the crime of theft the intention must be dishonest. therefore the crime of theft will be complete (5) The property must be removed from original possession.

(4) The property should be taken without the consent of that person (3) The property should be taken out of the possession of another person Any person with the intention to take a movable property out of the possession of the property holder without his consent then this is called theft.

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