Criminal Law (AILET Legal-Aptitude): Questions 6 - 7 of 23
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Question number: 6
» Criminal Law
Appeared in Year: 2013
LEGAL PRINCIPLES: 1) 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) Whoever dishonestly misappropriates or converts to his own use any movable property, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
FACTUAL SITUATION: A takes umbrella belonging to Z out of Z’s possession in good faith, believing at the time when he took it, that the property belongs to himself. His wife points out after some days that the umbrella does not belong to them but to Z. After coming to know that, A dishonestly keeps the umbrella.
A and his wife are guilty of criminal misappropriation
A is guilty of theft
A is guilty of criminal misappropriation
A is guilty of criminal breach of trust
Question number: 7
» Criminal Law
Appeared in Year: 2015
LEGAL PRINCIPLES: Whoever dishonestly takes away any property from the possession of another, with an intention of such taking away, without his permission is liable for theft.
FACTUAL SITUATION: Raja, a famous gangster, moves into an apartment in Kankurgachi, Calcutta. There, he discovers that the previous owner of the apartment had left behind a pair of beautiful ivory handled combs. Mesmerized by their beauty and confused as to whom he should be returning them to, he decides to retain them and starts using them. The previous owner of the combs gets to know this and registers an FIR for theft against Raja. ls Raja liable?
Raja is liable for theft as he failed to return the property even when he knew it was someone else’s property.
Raja is liable as you don’t expect anything better from a gangster.
Raja is not liable as he was confused as to whom he should be returning the property to.
Raja is not liable as he is not taken it away from anyone else’s possession and there was no dishonest intention.