"A" in good faith believing property belonging to "Z" to be "A"s own p

“A” in good faith believing property belonging to “Z” to be “A”s own property, takes the property out of “B”s possession. “A” has

committed the offence of Theft because he has removed the property from 'B's possession.

not committed the offence of Theft because there was no dishonest intention.

committed the offence of Criminal Breach of Trust.

committed the offence of Misappropriation of Property.

Answer is Right!

Answer is Wrong!

This question was previously asked in

UPSC CISF-AC-EXE – 2021

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The correct answer is B) not committed the offence of Theft because there was no dishonest intention.

A key ingredient of theft under Section 378 of the IPC is the intention to take the property *dishonestly*. The scenario explicitly states that “A” takes the property “in good faith believing property belonging to ‘Z’ to be ‘A’s own property”. Good faith negates the element of dishonest intention.

Although “A” takes the property out of “B”s possession, the lack of dishonest intention means the act does not amount to theft. Criminal Breach of Trust (C) and Dishonest Misappropriation of Property (D) also require dishonest intention and/or entrustment, which are not present or relevant in the way described in the question.

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