Which one of the following cannot be the subject matter of theft ?

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Human beings

Crops

Animals

Electricity

Answer is Right!

Answer is Wrong!

This question was previously asked in

UPSC CISF-AC-EXE – 2017

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The offence of theft under Section 378 of the Indian Penal Code is defined as the dishonest taking of *movable property* out of the possession of another person without that person’s consent. Human beings are not considered property under the law and cannot be the subject matter of theft. Offences related to taking or detaining persons against their will are covered under kidnapping, abduction, wrongful confinement, etc.

– Theft applies only to movable property.
– Movable property is defined in Section 22 IPC as corporeal property of every description, except land and things attached to the earth, or permanently fastened to anything which is attached to the earth.
– Explanation 1 to Section 378 clarifies that things attached to the earth, which are agreed to be severed, are deemed to be movable property for the purpose of theft as soon as they are severed. This applies to crops, trees, etc.

– Crops are movable property when severed from the land.
– Animals are movable property.
– Electricity, when abstracted or diverted dishonestly, has been held by courts to be capable of being stolen, treating it as movable property or energy.
– Human beings are not objects of ownership and therefore not property.

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