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Under the Bharatiya Nyaya Sanhita, 2023, which of the following, while it remains in the condition…

Theft under section 303(1) BNS requires an intention to take movable property dishonestly out of another person's possession without that person's consent, and a moving of…

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Under the Bharatiya Nyaya Sanhita, 2023, which of the following, while it remains in the condition described, cannot be the subject of theft?

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Correct answer C

Theft under section 303(1) BNS requires an intention to take movable property dishonestly out of another person's possession without that person's consent, and a moving of it in order to such taking. Section 2(21) excludes from movable property "land and things attached to the earth or permanently fastened to anything which is attached to the earth", and Explanation 1 to section 303(1) states that a thing, so long as it is attached to the earth, is not the subject of theft, but becomes capable of being stolen as soon as it is severed from the earth. A standing tree therefore cannot be stolen while it remains rooted; under illustration (a), theft is committed as soon as the tree is severed in order to take it dishonestly.

An idol, a gas cylinder and a parked bicycle are movable property that can be dishonestly moved out of the owner's possession, so each can be the subject of theft.

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