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Following are the essential elements of theft under the Bharatiya Nyaya Sanhita: A. Dishonest intention B. The property should be taken out of the
Question

Following are the essential elements of theft under the Bharatiya Nyaya Sanhita:
A. Dishonest intention
B. The property should be taken out of the possession of any person without that person's consent
C. The person having possession must be the owner of such property
D. Property must be movable
E. Taking away of the property should be permanent
Choose the correct answer from the options given below:

A.

A, B and D only

B.

B, C and D only

C.

C, D and E only

D.

A, C and D only

Correct option is A

Section 303 of the Bharatiya Nyaya Sanhita defines theft with specific legal elements that must be satisfied for an act to be classified as such:
Dishonest intention – The offender must have the intention to cause wrongful gain to one person or wrongful loss to another.
Movable property – Only movable property can be the subject of theft.
Taking out of possession – The property must be moved out of the possession of someone else.
Without consent – This act must be done without the express or implied consent of the person in possession.

Not essential:
Ownership (Option C) – Theft is a crime against possession, not ownership. The property can belong to someone else, but if it's in another’s possession, it can still be stolen.
Permanent deprivation (Option E) – There is no requirement that the deprivation be permanent. Even a temporary removal with dishonest intent can constitute theft.

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