Which one of the following with regards to offence of theft is correct ?
Theft is always an offence against ownership.
Dishonest intention is the gist of offence of theft.
Theft may or may not include moving of property in order to take the property away.
Theft may be of movable as well as immovable properties.
Answer is Right!
Answer is Wrong!
This question was previously asked in
UPSC CISF-AC-EXE – 2020
– Option A is incorrect because theft is an offence against *possession*, not necessarily ownership. One can steal from a person who is lawfully in possession but not the owner.
– Option C is incorrect because the definition explicitly requires the *moving* of the property (Section 378 Explanation 5). The taking must be accompanied by motion.
– Option D is incorrect because theft applies only to *movable* property (Section 378). Immovable property cannot be stolen under the IPC definition of theft.
– Option B is correct as dishonest intention is the fundamental mental element (mens rea) required for the offence of theft.
– “Movable property” is defined in Section 22 IPC to include corporeal property of every description, except land and things attached to the earth, or permanently fastened to anything which is attached to the earth.