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Which of the following is not an essential element of Theft U/S 378 of IPC.

  • A.Dishonest intention to take property out of that person’s possession
  • B.The property must be moveable
  • C.Take possession with the consent of owner
  • D.Moving property in order to such taking

Answer: C

The element that is not part of theft is taking possession with the consent of the owner.

Section 378 of the IPC defines theft as taking, with dishonest intention, any movable property out of the possession of any person without that person's consent, by moving the property in order to such taking. Its ingredients are dishonest intention, movable property, taking out of another's possession, absence of consent, and moving the property for the taking.

Taking with the owner's consent is the opposite of what the section requires. The other three options state genuine ingredients: dishonest intention, movable property, and moving the property in order to take it.

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