Criminal Law (CLAT Legal-Aptitude): Questions 50 - 50 of 88
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Question number: 50
» Criminal Law
PRINCIPLE: The following conditions should be met to constitute commission of theft.
Condition 1: There must be an intention to take dishonestly any movable property.
Condition 2: The property must be moved out of the lawful possession of any person.
Condition 3: The property must be moved without that person’s consent.
In order to such taking fulfilling the above conditions if a property is moved, theft is committed.
FACTS: Ram delivers his watch to Jay for reparation who is a watch repairer. The watch is carried by Jay to his shop. Jay was to deliver the watch within seven days. However, due to certain reasons, Jay is not able to return the watch to Ram within ten days from the date given and Ram suffers a lot due to the same. Since he urgently needs the watch, one night, Ram breaks into the shop of Jay, recovers and watch and gets going. Ram is prosecuted for theft. Decide the liability of Ram.
Ram is liable for theft as he broke into a shop at need just like a burglar. This, without any second thought, is for the purpose of theft.
Ram is not liable for theft as he broke into the shop to avenge for the delay in return of watch.
Ram is not liable as he broke into the shop with a dishonest intention and because he urgently needed the watch.
Ram is liable for theft as he may have stolen other things as a burglar at night.