‘A’ cut down a tree on ‘B’s ground, with the intention of dishonestly taking the tree out of ‘B’s possession without ‘B’s consent. Which one of the following statements is correct ?
[amp_mcq option1=”‘A’ commits no offence because the tree is an immovable property.” option2=”‘A’ commits criminal breach of trust.” option3=”‘A’ committed theft as soon as he severed the tree in order to such taking.” option4=”‘A’ committed an attempt to theft.” correct=”option3″]
This question was previously asked in
UPSC CISF-AC-EXE – 2022
– Explanation 1 to Section 378 clarifies that a thing attached to the earth is not movable property, but it becomes capable of being the subject of theft as soon as it is severed from the earth.
– Illustration (b) under Section 378 is precisely this scenario: cutting down a tree with the intention of dishonestly taking it constitutes theft upon severance.