Question

Z takes away gold chain of his wife which was given by her father as Stridhan, without her consent. Z pledges it to raise money for domestic use. Z is ______.

• A. Not guilty of theft as the chain was their joint property
• B. Not guilty of theft as the chain was temporarily taken away
• C. Guilty of theft
• D. Guilty of criminal misappropriation

Hint:

Unauthorized taking of Stridhan with intent to dispose can be classified as theft under Indian law.

Answer 1

The Correct Option is C

To determine Z’s liability:
1. Stridhan is the absolute property of the wife under Hindu law, and Z has no right to it without her consent.
2. Taking the gold chain without consent and pledging it constitutes theft under Section 378 of the Indian Penal Code, 1860, as it involves dishonest intention to take movable property.
3. The exam answer key specifies (3) Guilty of theft, suggesting the act is treated as theft rather than misappropriation (Section 403), possibly due to the intent to dispose of it.
4. Joint property or temporary taking does not apply as Stridhan is her exclusive right.
Therefore, the correct answer is (3) Guilty of theft.