Question
Consider the following statements regarding theft under
Section 303 of the Bharatiya Nyaya Sanhita, 2023: Statement 1: Theft requires the taking of movable property with the intention to permanently deprive the owner of the property. Statement 2: A person who temporarily borrows property intending to return it commits theft if the owner has not consented. Statement 3: Theft involves moving property or causing it to move with dishonest intent. Statement 4: If the property is already in the possession of the thief due to any contract, they cannot commit theft by subsequently dealing with it dishonestly. Which statements are correct?Solution
Section 303 of BNS, 2023 defines theft as dishonestly taking any movable property out of the possession of any person without that person's consent, with intention of keeping it or of depriving that person of it. Statement 1 is correct—intention to permanently deprive is essential. Statement 2 is incorrect (though partially true) because temporary borrowing with intent to return is not theft, but the precise test is intent regarding possession, not just return. Statement 3 is correct—taking or moving or causing to move with dishonest intent is theft. Statement 4 is incorrect—Section 303 explicitly excludes theft when property is already in the thief's possession, but this applies to consensual possession; dishonest conversion of already-held property may constitute criminal misappropriation, not theft. Statements 1 and 3 are correct.
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