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‘A’ cuts down a tree on ‘B’s land with the intention of dishonestly ta

June 1, 2025 by rawan239

‘A’ cuts down a tree on ‘B’s land with the intention of dishonestly taking the tree out of ‘B’s possession without ‘B’s consent. What offence is committed by ‘A’ ?

No offence until the tree is taken away

The offence of mischief

The offence of breach of trust

The offence of theft as soon as the tree is severed

This question was previously asked in

UPSC CISF-AC-EXE – 2018

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The scenario describes ‘A’ cutting down a tree on ‘B’s land with the intention of dishonestly taking it without ‘B’s consent. This constitutes the offence of theft under the Indian Penal Code, 1860.

Theft is defined under Section 378 of the IPC as the dishonest intention of taking any movable property out of the possession of any person without that person’s consent, and moving that property in order to effect such taking. Explanation 1 to Section 378 states that a thing attached to the earth, not being movable property, becomes capable of being the subject of theft as soon as it is severed from the earth. In this case, the tree, once severed by cutting, becomes movable property. The act of cutting down the tree causes it to be moved (e.g., it falls). Since this movement is done with the dishonest intention of taking the tree out of B’s possession without consent, the offence of theft is complete as soon as the tree is severed and consequently moved.

Option A is incorrect because the offence of theft is completed upon severance and movement with dishonest intent, not upon the final carrying away of the property. Option B (mischief) might also be committed by damaging the tree, but the focus of the question is on the dishonest taking, which is theft. Option C (breach of trust) is not applicable as there was no entrustment of property.

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