‘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 ?
‘A’ commits no offence because the tree is an immovable property.
‘A’ commits criminal breach of trust.
‘A’ committed theft as soon as he severed the tree in order to such taking.
‘A’ committed an attempt to theft.
Answer is Right!
Answer is Wrong!
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.