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Under section 303(1) of the Bharatiya Nyaya Sanhita, 2023, a person moves movable property out of…

Section 303(1) requires an intention dishonestly to take movable property from another person’s possession without consent and movement of that property in order to the…

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Under section 303(1) of the Bharatiya Nyaya Sanhita, 2023, a person moves movable property out of another person’s possession without consent. Which further mental element is required for this taking to constitute theft?

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Answer and explanation

Correct answer C

Section 303(1) requires an intention dishonestly to take movable property from another person’s possession without consent and movement of that property in order to the taking. Consent may be express or implied, including consent from an authorised person under Explanation 5.

Option feedback

Option A

Recording a location alone does not establish the required dishonest intention.

Option B

An honest borrowing intention does not itself supply the dishonest intention required for theft.

Option C

The statutory definition also requires an intention to take the property dishonestly.

Option D

Inspection alone does not establish an intention dishonestly to take the property.

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