Answer the question based on the Legal Principle and Factual Situation stated in it. LEGAL PRINCIPLE: Whoever, intending to take dishonestly any movable property out of the possession of any person…
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Answer the question based on the Legal Principle and Factual Situation stated in it.
LEGAL PRINCIPLE: Whoever, intending to take dishonestly any movable property out of the possession of any person without that person's consent, moves that property in order to such taking, is said to commit theft.
FACTUAL SITUATION: Kirit puts a bait for dog in his pocket and induces Amrit's dog to follow him. Amrit's dog began to follow Kirit. Amrit, when he came to know about it, informed the police. Police arrived at Kirit's house and Kirit without any fear told the police that he had not brought the dog himself as people steal goods and objects; the dog had come on its own feet up to his house. Decide.
FACTUAL SITUATION: Kirit puts a bait for dog in his pocket and induces Amrit's dog to follow him. Amrit's dog began to follow Kirit. Amrit, when he came to know about it, informed the police. Police arrived at Kirit's house and Kirit without any fear told the police that he had not brought the dog himself as people steal goods and objects; the dog had come on its own feet up to his house. Decide.
- Kirit has not committed any offence because he has stolen nothing from Amrit's possession.
- Kirit has not committed any offence because he has not stolen any movable goods or objects from Amrit's possession.
- Kirit has committed the offence of undue influence because he has influenced unduly the dog.
- Kirit has committed the offence of theft as his intention is to take away the dog from Amrit's possession without his consent and his offence is complete when the dog began to follow.
Answer and explanation
Correct answer: D - Kirit has committed the offence of theft as his intention is to take away the dog from Amrit's possession without his consent and his offence is complete when the dog began to follow.
Theft is complete once the property is moved with the intention of taking it dishonestly. Enticing the dog to follow with bait is such moving (illustration to s.303 BNS, formerly s.378 IPC), so Kirit committed theft even though the dog walked by itself.
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