A is a driver of a van which carries cash to refill ATMs of a bank. B

A is a driver of a van which carries cash to refill ATMs of a bank. B is security personnel and authorized to refill that cash in ATMs. At a red light when B steps down to ease himself, A on the pretext of taking turn, runs away with the cash van. At which of the following points is the commission of theft completed?

When A unloaded the cash from the van
When A turns the vehicle in a direction other than the pre-determined route
When B steps down from his van
None of the above
This question was previously asked in
UPSC CISF-AC-EXE – 2019
The commission of theft is completed at the moment the movable property is taken out of the possession of another person with dishonest intention. In this scenario, A is the driver of the van carrying cash, which is in the legal possession of the bank through its personnel (B). When A, with the dishonest intention of stealing the cash, turns the vehicle away from the predetermined route, he is taking the van (and the cash inside) out of the lawful possession of the bank/B without their consent. This movement of the vehicle constitutes the ‘taking’ element of theft.
– Theft is defined under Section 378 of the Indian Penal Code (IPC) as the dishonest taking of movable property out of the possession of any person without that person’s consent.
– The ‘taking’ element involves the movement of the property.
– In this case, the van carrying cash is the movable property.
– The dishonest intention is formed when A decides to run away with the van.
– The theft is complete when A performs the first act of moving the van with this dishonest intention, which is turning the vehicle away from its route.
Options A and C are incorrect. Unloading the cash (A) happens after the theft is complete. B stepping down (C) merely provides the opportunity; it is A’s subsequent action of moving the van dishonestly that constitutes the theft. Option D is incorrect because the commission of theft is completed at a specific point.