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Which of these items can be the subject of ordinary theft under section 303(1) of the Bharatiya Nyaya…

Section 303(1) requires the dishonest intended taking of movable property from another person's possession without consent, with movement in order to take it. Section 2(21)…

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Which of these items can be the subject of ordinary theft under section 303(1) of the Bharatiya Nyaya Sanhita, 2023 in the condition described?

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Answer and explanation

Correct answer A

Section 303(1) requires the dishonest intended taking of movable property from another person's possession without consent, with movement in order to take it.

Section 2(21) excludes land and things attached to the earth or permanently fastened to something attached to the earth.

An item attached to the earth can become capable of theft on severance.

Option feedback

Option A

A bicycle resting on a stand is movable property and can be moved out of another person's possession.

Option B

Land is excluded from movable property under section 2(21).

Option C

The door remains attached. The theft analysis changes if it is severed and the other elements are met.

Option D

The tree remains attached to the earth. It can become capable of theft on severance.

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