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Under section 303(1) of the Bharatiya Nyaya Sanhita, 2023, with which mental element must a person…

Section 303(1) requires an intention to take movable property dishonestly from another’s possession without consent, and movement of the property for that purpose. Under…

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Under section 303(1) of the Bharatiya Nyaya Sanhita, 2023, with which mental element must a person intend to take movable property out of another’s possession for the taking to constitute theft?

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Correct answer B

Section 303(1) requires an intention to take movable property dishonestly from another’s possession without consent, and movement of the property for that purpose.

Under section 2(7), dishonesty requires an intention to cause wrongful gain to one person or wrongful loss to another.

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Option A

Fraudulently is separately defined in section 2(9). Section 303(1) requires dishonest intention.

Option B

Section 303(1) expressly requires dishonest intention. Section 2(7) ties dishonesty to intended wrongful gain or wrongful loss.

Option C

Lack of good faith does not by itself establish intended wrongful gain or loss.

Option D

Malice is not a substitute for the dishonesty requirement in section 303(1).

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