Question

X, the servant of Y, takes a hundred rupee note from Y’s pocket and hides it under the carpet in the house of Y. X tells Z, another servant of Y, about the currency note and both agree to share the money when the currency note is taken by X from the hiding place. Before X could recover the note, it was found by Y. Decide if an offence was committed and if so who committed the offence:

• A. No offence was committed
• B. Only X committed the offence
• C. Both X and Z committed the offence
• D. Only Z committed the offence

Hint:

In theft, the offence is complete upon dishonest taking, even if the property is later recovered. Abettors share liability.

Answer 1

The Correct Option is C

X committed theft by taking the currency note from Y’s pocket with the dishonest intention of permanently depriving Y of it.
The hiding of the currency under the carpet was an act to conceal the stolen property.
When X informed Z and they agreed to share the money, Z became part of the conspiracy to retain the stolen property.
Even though X was prevented from actually spending the money because Y found it, the offence was already complete when the dishonest taking occurred.
Under criminal law, Z’s agreement to share the stolen amount makes him guilty of abetment or conspiracy to commit theft.
Thus, both X (principal offender) and Z (abettor) committed the offence.