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Theft, Extortion, Robbery and Dacoity Questions and Answers

Answer: D

The essential element is the movement of movable property out of a person's possession without their consent.

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

Immovable property cannot be the subject of theft. No force or violence is required; using force to commit theft is what turns it into robbery. And the property can be taken from anywhere, not only a public place.

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2.

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

Exam Year(s)

MH SET - 2018, SET Exam - 2018,

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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3.

Which of the following offences is punishable at preparation stage ?

Exam Year(s)

MH SET - 2020, SET Exam - 2020,

Answer: D

The offence punishable at the preparation stage is dacoity.

Generally the law punishes attempts but not mere preparation. A few grave offences are exceptions, and section 399 IPC makes making preparation to commit dacoity punishable with rigorous imprisonment up to ten years and fine. Others include preparing to wage war against the Government of India (section 122) and making or possessing instruments for counterfeiting.

Preparation to commit murder, theft or cheating is not an offence in itself; criminal liability begins only at the stage of attempt.

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4.

Read Assertion (A) and Reason (R) and with the help of codes given below point out the correct explanation.

Assertion (A) : In theft the property is taken out of the possession of another person and the offence is complete as soon as the property is moved.
Reason (R) : In criminal misappropriation there is no invasion of another's possession. The property often comes innocently or casualty into possession.

Exam Year(s)

MH SET - 2021, SET Exam - 2021,

Answer: B

Both are individually true and (R) is not the correct explanation of (A).

The Assertion states the law of theft under Section 378 IPC: the property must be moved out of another's possession, and the offence is complete the moment it is moved with dishonest intention. The Reason states the law of criminal misappropriation under Section 403: the property comes into the accused's possession innocently or casually, and the offence lies in later dishonest conversion, with no invasion of possession.

Both are true, but the Reason describes a different offence and does not explain why theft is complete on moving, so option A fails. The options calling either statement false are wrong.

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5.

'A' makes an attempt to steal some jewels by breaking open a box, and finds after so opening the box, that there is no jewel in it.

Exam Year(s)

MH SET - 2023, SET Exam - 2023,

Answer: C

'A' is guilty for attempt to commit theft.

This is the illustration (a) to section 511 IPC. Breaking open the box is an act done towards stealing, and the attempt is complete once he does that act with intent to steal. That the box turns out to be empty does not save him: impossibility of the object does not excuse an attempt.

He is not guilty of theft, because nothing was taken. 'No offence' ignores section 511, and conspiracy needs an agreement between two or more persons, which a single person acting alone does not have.

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6.

'A' meets 'B' on high roads, shows a pistol and demands B's purse. 'B' in consequence, surrenders his purse. Here 'A' has committed :

Exam Year(s)

MH SET - 2025, SET Exam - 2025,

Answer: C

A has committed robbery.

This is an illustration to Section 390 of the IPC. A obtains the purse by putting B in fear of instant hurt, which is extortion, and because A is present and the fear is of instant hurt at the time, the extortion amounts to robbery.

It is not mere theft, because B hands the purse over through fear rather than A taking it without consent. It is more than plain extortion because of the presence and instant fear. Dacoity requires five or more persons committing robbery together, and A acts alone.

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