Comprehension

Rules
A. Whoever intending to take any moveable property out of the possession of any person without that person’s consent, moves that property out of his or her possession, is said to commit theft.
B. A person who, without lawful excuse, damages any property belonging to another intending to damage any such property shall be guilty of causing criminal damage. C. Damage means any impairment of the value of a property.
Facts:
Veena, an old lady of 78 years, used to live with her granddaughter Indira. Veena was ill and therefore bed-ridden for several months. In those months, she could not tolerate any noise and it “became quite difficult to clean her room.” After she died, Indira hired a cleaner, Lucky, to clean the room and throw away any rubbish that may be there.
There was a pile of old newspapers which Veena had stacked in a corner of her room. Lucky asked Indira if he should clear away the pile of old newspapers, to which she said yes. Lucky took the pile to a municipality rubbish dump. While Lucky was sorting and throwing away the newspapers, he was very surprised to find a beautiful painting in between two sheets of paper. He thought that Indira probably wouldn’t want this old painting back, especially because it was torn in several places and the colour was fading. He took the painting home, mounted it on a wooden frame and hung it on the wall of his bedroom.
Unknown to him, the painting was an old masterpiece, and worth twenty thousand rupees. Before mounting the painting, Lucky pasted it on a plain sheet of paper so that it does not tear any more. By doing so, he made its professional restoration very difficult and thereby reduced its value by half. 
Lucky’s neighbour Kamala discovered that the painting belonged to Indira. With the motive of returning the painting to Indira, Kamala climbed through an open window into Lucky’s room when he was away one afternoon and removed the painting from his house.

Question: 1

Has Lucky committed theft?

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Consent for one item (like old newspapers) does \textbf{not imply} consent for everything bundled with it. If possession is taken without clear permission, it amounts to theft.
Updated On: Aug 11, 2025
  • Yes, Lucky has committed theft of the newspapers and the painting.
  • No, Lucky has not committed theft because he had Veena’s consent.
  • Yes, Lucky has committed theft of the painting, but not of the newspapers.
  • No, Lucky has not committed theft because he has not moved the painting out of Veena’s possession.
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The Correct Option is C

Solution and Explanation

Step 1: Apply Rule A (Theft)

Theft requires:

Intention to move any property out of another’s possession,
Without that person’s consent.



Step 2: Examine Consent for Newspapers and Painting

Veena explicitly gave consent to throw away the newspapers — hence, no theft of newspapers.
Lucky took the painting without knowing it belonged to someone else and without consent.
Even though it was found in the newspapers, Lucky did not ask for permission about the painting.
Hence, Lucky did commit theft of the painting, as he moved it out of possession without consent.

Step 3: Eliminate Incorrect Options

(a) is incorrect — Lucky had consent to take newspapers.
(b) is incorrect — Veena’s consent covered only newspapers, not the painting.
(d) is incorrect — Lucky clearly moved the painting from the room and took it home.

% Final Answer \[ \boxed{\text{(c)}} \]
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Question: 2

Is Lucky guilty of criminal damage?

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Criminal damage doesn’t require destruction. Even reducing the \textbf{value of someone else's property through intentional actions} can be enough.
Updated On: Aug 11, 2025
  • No, Lucky is not guilty of criminal damage as he did not intentionally impair the value of the painting.
  • Yes, Lucky is guilty of criminal damage as he intentionally stuck the paper on to the painting.
  • No, Lucky is not guilty of criminal damage as he does not have the painting in his possession anymore.
  • No, Lucky is not guilty of criminal damage as he has not destroyed the painting.
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The Correct Option is B

Solution and Explanation

Step 1: Apply Rule B and Rule C

Rule B states: A person who intentionally damages any property belonging to another is guilty of criminal damage.
Rule C defines damage as any impairment of the value} of a property.

Step 2: Apply Facts

Lucky stuck the painting onto paper to preserve it. His intent was not malicious, but:
He did so intentionally, and the result was that it reduced the value of the painting by half.
Therefore, even if his intent was to protect the artwork, the result was an impairment of value — meeting the definition of damage.
Since it was not his property, he is guilty under Rule B.

Step 3: Eliminate Incorrect Options

(a) is incorrect — intention to impair value is not necessary; intentional act leading to impairment is sufficient.
(c) is irrelevant — current possession is not a factor in determining past criminal damage.
(d) is incorrect — destruction is not the only form of damage; value reduction also counts.

% Final Answer \[ \boxed{\text{(b)}} \]
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Question: 3

If Lucky had discovered the painting before leaving Indira’s house rather than at the rubbish dump, would he have been guilty of theft in this case?

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Theft requires \textbf{intentional removal of someone’s property without consent}. Timing and location of discovery are critical — finding something \textbf{inside} the owner’s premises without permission changes everything.
Updated On: Aug 11, 2025
  • Yes, he would be guilty of theft of the newspapers and the painting.
  • No, he would not be guilty of theft.
  • Yes, he would be guilty of theft of the painting.
  • None of the above.
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The Correct Option is C

Solution and Explanation

Step 1: Apply Rule A (Definition of Theft)

Rule A: Theft is moving any moveable property out of someone’s possession without their consent}.
The moment Lucky intends to remove and moves the painting from Veena’s room without consent, theft is complete.

Step 2: Consider the Change in Circumstance

In the original fact pattern, Lucky found the painting outside the house in a pile of rubbish, which weakens the argument for theft.
But if Lucky had discovered the painting inside the house, before carrying anything out — then he:

Saw the painting,
Knew it belonged to Indira or Veena,
And still removed it without anyone’s consent.


This clearly qualifies as theft of the painting, per Rule A.

Step 3: Assess if Newspapers are Also Theft

Veena had consented to disposal of the newspapers — so their removal is not theft.
So Lucky is not guilty of theft of newspapers, only the painting.

Step 4: Eliminate Incorrect Options

(a) is wrong — newspapers were consented for removal.
(b) is wrong — Rule A is violated with respect to the painting.
(d) is wrong — (c) is fully correct.

% Final Answer \[ \boxed{\text{(c)}} \]
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Question: 4

Is Kamala guilty of theft?

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Under the law of theft, taking something without consent from someone \textbf{in possession} of it — even if they are not the owner — amounts to theft. Good intentions do not nullify theft.
Updated On: Aug 11, 2025
  • No, Kamala is not guilty of theft since the person she took the painting from (Lucky) was not its lawful owner.
  • No, Kamala is not guilty of theft since she took the painting only with the motive of returning it to Indira.
  • Yes, Kamala is guilty of theft as she took the painting out of Lucky’s possession without his consent.
  • None of the above.
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The Correct Option is C

Solution and Explanation

Step 1: Refer to Rule A (Definition of Theft)

Theft occurs when any moveable property is removed out of someone’s possession without their consent.
Importantly, legal ownership is not a requirement — possession is sufficient.

Step 2: Apply Facts to the Rule

Lucky had the painting in his possession.
Kamala entered Lucky’s house without permission and removed the painting from his possession.
Regardless of her intent to return it to Indira, she acted without Lucky’s consent, which satisfies the definition of theft.

Step 3: Eliminate Incorrect Options

(a) is incorrect — possession, not ownership, is key to the theft rule.
(b) is incorrect — motive does not override lack of consent.
(d) is incorrect — (c) is correct.

% Final Answer \[ \boxed{\text{(c)}} \]
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Question: 5

Which of the following propositions could be inferred from the facts and the rules specified?

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Criminal damage includes interfering with another’s property without consent — even without destroying it. Intent and lack of permission are key.
Updated On: Aug 11, 2025
  • Kamala is guilty of criminal damage as the person she took the painting from (Lucky) was not its lawful owner.
  • Kamala is guilty of criminal damage as she took the painting without Lucky’s consent.
  • Kamala is not guilty of criminal damage as the painting has not been completely destroyed.
  • None of the above.
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The Correct Option is B

Solution and Explanation

Step 1: Understand Rule B and C

Rule B defines criminal damage as an act where a person, without lawful excuse, damages any property belonging to another intending to cause such damage.
Rule C defines damage as any impairment of the value of a property.

Step 2: Apply the Facts

Kamala removed the painting without Lucky’s consent — this shows she acted without lawful excuse.
Even if she didn’t destroy the painting, her act of taking it without permission interferes with the property rights and possession.
This interference qualifies as a form of damage because it deprives the current possessor of use and control, thereby impairing value.

Step 3: Eliminate Incorrect Options

(a) is incorrect — ownership is irrelevant. Consent of the possessor (Lucky) is key.
(c) is incorrect — complete destruction is not necessary. Even reduction in value or interference is enough.
(d) is incorrect — (b) is the most reasonable inference.

% Final Answer \[ \boxed{\text{(b)}} \]
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