Each question consists of legal propositions/ principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion. Such principles may or may not be true in the real sense, yet you have to conclusively assume them to be true for the purposes of this section. In other words, in answering the following questions, you must not rely on any principles except the principles that are given herein below for every question. Further, you must not assume any facts other than those stated in the question. The objective of this section is to test your interest towards study of law, research aptitude and problem solving ability even if the 'most reasonable conclusion' arrived at may be unacceptable for any other reason. It is not the object of this section to test your knowledge of law.
PRINCIPLE: 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.
FACTS: 'Z', going on a journey, entrusts his plate to the possession of 'A', the keeper of a warehouse, till 'Z' shall return. Then, 'A' carries the plate to a goldsmith and sells it.
Correct Answer :
'A' has not committed theft
Solution :
The correct answer is 'A' has not committed theft.
Principle Analysis:
According to the given principle, theft is defined by the following essential ingredients:
1. An intention to dishonestly take movable property.
2. The property must be taken out of the possession of another person.
3. The taking must be without that person's consent.
4. The property must be moved in order to accomplish such taking.
Fact Analysis:
In the given facts, 'Z' voluntarily entrusts the plate to 'A', who is the keeper of a warehouse. Consequently, 'A' is already in possession of the plate when he decides to sell it to the goldsmith.
Conclusion:
Because 'A' was already in possession of the plate, he did not move it out of another person's possession without consent. Thus, the fundamental requirement of theft as specified in the principle is not fulfilled. Therefore, 'A' has not committed theft.
Access expert-curated educational resources and study materials—completely free.
Create, conduct, and manage professional online assessments with Mindyard. Perfect for teachers and institutes.
Copyright © 2026 Mindyard. All Rights Reserved.
