Question

The question consists of two statements, one labelled as PRINCIPLE and other as FACT. You are to examine the principle and apply it to the given facts carefully and select the best option.

Principle: Whoever, intending to take dishonestly any movable property out of the possession of any person without that person’s consent, moves that property with an intention to take it, is said to commit theft.

Facts: Y cuts down a tree on Z’s ground, with the intention of dishonestly taking it out of Z’s possession without Z’s consent. Y could not take away the tree.

Options

• Y can be prosecuted for theft

• Y cannot be prosecuted for theft

• Y can be prosecuted for attempt to theft

• Y has neither committed theft nor attempted to commit theft

Answer 1

Y can be prosecuted for theft

Explanation:

section 378 Indian Penal Code defines theft as 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.  
1. A thin so long as it is attached to the earth, not being movable property is not the subject of theft, but it becomes capable of being the subject of theft as soon as it is severed from the earth.  
2. A moving effected by the same act which affects the severance may be a theft.  
3. A person is said to cause a thing to move by removing an obstacle which prevented it from moving or by separating it from any other thing, as well as by actually  moving it.  
4. A person, who by any means causes an animal to move,  is said to move that animal, and to move everything which, in consequence of the motion so caused, is moved by that animal.  
5 The consent mentioned in the definition may be express or implied, and any may be given either by the person in possession or by any person having for that purpose authority either express or implied.  
The above-noted problem is based on Illustration (a)  of Section 378 of IPC, 1860 as Y dishonestly cuts down a tree with the intention of taking out of Z's possession without taking his consent, hence Y can be prosecuted for theft.