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'A' handed over his watch to a watch-smith for repairing. In order to not pay the repairing charges 'A' picked up his watch from the shop, when the wa
Question

'A' handed over his watch to a watch-smith for repairing. In order to not pay the repairing charges 'A' picked up his watch from the shop, when the watch-smith was not looking. In this case:

A.

'A' is guilty of criminal breach of trust.

B.

'A' is guilty of cheating.

C.

'A' is guilty of theft.

D.

'A' is not guilty of any offense because the watch, he picked up was his own. However, he should pay the repairing charges to the watch-smith.

Correct option is C


'A' is guilty of theft as defined under Section 378 IPC. Although the watch belongs to 'A', his act of taking it without the consent of the watch-smith, who had lawful possession until the repairs were paid for, constitutes theft. The intent to deprive the watch-smith of his lawful possession makes it an offense.
Information Booster:
1. Theft involves the dishonest taking of property without consent.
2. Ownership is irrelevant; unlawful taking from someone with rightful possession constitutes theft.
3. Criminal breach of trust involves misappropriation of property entrusted to someone.
4. Cheating involves deceiving someone to cause loss or gain (Section 420 IPC).
5. The watch-smith had lawful possession until payment was made.
6. Section 378 defines theft, even if the person is the rightful owner but deprives lawful possession of another.
Additional Information:
· Criminal breach of trust: Under Section 405 IPC, misappropriation of property entrusted to someone.
· Cheating: Under Section 415 IPC, involves deceiving someone for gain or causing loss.
· Theft: Under Section 378 IPC, taking away movable property without consent.

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