Question

Mark the best option:
Facts: A had pawned his gold chain to B. One night he sneaks into B’s shop and takes away the gold chain. B had installed a CCTV in his shop and when he replays the previous days recording he finds out what A has done. B wants to file a complaint of theft against A. He comes to you for advice. Give legal advice to B.
Principle: Whoever, intending to take dishonestly any moveable property out of the possession of any person without that person's consent moves that property in order to take it, is said to commit theft.

Options

• A is not guilty of theft since the chain belongs to him

• A is guilty since he removed the chain from B’s shop at night

• A is guilty since he dishonestly removed the chain

• A is not guilty since he took his own chain and so theft had not occurred

Answer 1

A is guilty since he dishonestly removed the chain

Even though A took his own chain, it is noteworthy that, he took it away from B's lawful possession. In the offence of theft, it's really relevant that the movable property should be removed from an individual lawful possession.