Pursuant to the definition provided in Section 378 of the Indian Penal Code (IPC), 1860, which of the following constitutes an essential element of the offence of 'Theft' ?
AIBE - 2026,
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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