'A' being on friendly terms with 'Z' goes into 'Z's library in 'Z's ab

‘A’ being on friendly terms with ‘Z’ goes into ‘Z’s library in ‘Z’s absence and takes away a book without ‘Z’s express consent for the purpose of merely reading it and with the intention of returning it. ‘A’ was under the impression that he had ‘Z’s implied consent to use ‘Z’s book. ‘A’ shall be held guilty of which one of the following offences ?

[amp_mcq option1=”Breach of trust” option2=”Theft” option3=”Misappropriation of property” option4=”No offence” correct=”option4″]

This question was previously asked in

UPSC CISF-AC-EXE – 2023

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The correct answer is D.

The scenario describes ‘A’ taking a book belonging to ‘Z’ without explicit consent but with the intention of returning it and under the belief of having implied consent. The crucial element for offences like theft, breach of trust, or misappropriation of property is ‘dishonest intention’.

The offence of theft under Section 378 of the IPC requires the intention to take property ‘dishonestly’. Dishonestly, as defined in Section 24, means intending to cause wrongful gain or wrongful loss. In this case, ‘A’ intends merely to read the book and return it, not to cause permanent deprivation or loss to ‘Z’, nor to gain wrongful possession. Believing in implied consent further negates the idea of a dishonest taking. Similarly, criminal breach of trust (Section 405) requires dishonest misappropriation or conversion, and misappropriation (Section 403) requires dishonest misappropriation or conversion for one’s own use. Since the intention is not dishonest, none of these criminal offences are committed. The act might constitute a civil wrong (like trespass to chattels), but it is not a criminal offence under the IPC definitions provided.

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