Question:

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.

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For theft, the key is the movement of movable property with dishonest intention — actual carrying away is not necessary.
Updated On: Aug 11, 2025
  • 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
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The Correct Option is A

Solution and Explanation

The offence of theft is complete when a movable property is moved with dishonest intention out of someone else's possession without consent. Here, the tree was attached to the earth initially (immovable), but as soon as Y cut it down, it became movable property. Since he moved it dishonestly without consent, the offence of theft is complete even if he could not take it away.
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