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    Question

    Under Section 303(1) of BNS, theft is committed when a

    person:
    A Takes possession of property openly in presence of the owner Correct Answer Incorrect Answer
    B Dishonestly moves movable property without the consent of the person in possession Correct Answer Incorrect Answer
    C Purchases property at a lower price than its market value Correct Answer Incorrect Answer
    D Secretly observes property with intent to steal but without moving it Correct Answer Incorrect Answer
    E Borrows property with consent but fails to return it Correct Answer Incorrect Answer

    Solution

    This answer is based on Section 303(1) of the BNS (which corresponds to Section 378 of the old IPC). 1. The Statutory Definition (Section 303(1) BNS) "Whoever, intending to take dishonestly any movable property out of the possession of any person without that person's consent , moves that property in order to such taking, is said to commit theft." 2. The 5 Essential Ingredients of Theft For an act to constitute theft under this section, all five conditions must be met:

    • Dishonest Intention: The intention to cause wrongful gain to one person or wrongful loss to another.
    • Movable Property: Theft cannot be committed of immovable property (like land or a house) until it is severed from the earth.
    • Possession: The property must be taken out of someone's possession (ownership is not required; e.g., stealing from a person who had rented the item is still theft).
    • Without Consent: The taking must be without the consent (express or implied) of the possessor.

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