“A” finds a ring lying on the highway and keeps it with him. Which one

“A” finds a ring lying on the highway and keeps it with him. Which one of the following statements is correct ?

"A" has committed the offence of theft.
It is not theft because the ring was not in possession of anyone.
It is theft because the intention of "A" was dishonest.
It is theft because the property is immovable and "A"s intention is dishonest.
This question was previously asked in
UPSC CISF-AC-EXE – 2021
The correct answer is B) It is not theft because the ring was not in possession of anyone.
The offence of theft under Section 378 of the IPC requires the movable property to be taken “out of the possession of any person”. When a ring is found lying on the highway, it is considered lost property and is generally not deemed to be in the immediate possession of any specific person.
While “A” may have a dishonest intention in keeping the ring without attempting to find the owner, finding lost property and dishonestly misappropriating it falls under the offence of Dishonest Misappropriation of Property (Section 403 IPC), not theft. Theft specifically requires taking from possession.
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