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प्रश्न
Mark the best option:
Principles: Whoever takes away anything from the land of any person without the person's consent is said to commit theft. A thing so long as it is attached to the earth is not subject to theft, but it becomes capable of being the subject of theft soon as itis severed from the earth.
Facts: Y cuts down a tree standing on the land of X with the intention of dishonestly taking the tree out of X's possession without the consent of X. But Y is yet to take away the tree out of X's possession.
Decide
विकल्प
Y commits theft when he enters X's land.
Theft is committed after the tree is cut down completely
Y has committed theft as soon she started cutting down the tree
Y has not committed theft because he is yet to take away the tree out of X's possession
उत्तर
Y has committed theft as soon she started cutting down the tree
Explanation:
The guiding principle of the case says thing becomes capable of being the subject of theft as soon as it is severed from Earth.
Thus as soon as Y cuts the tree down with the intention of taking it out of the possession of X with the consent of X. It becomes capable of being the subject of theft whether or not it is actually taken out of possession of X.