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sagar nalawade   03 July 2021

Stealing food in hunger..

*A poor & physically healthy young boy was cought by the shop keeper when boy was stealing a whole plate of VADA PAAV. He was beaten by the people and handover to Police. Police registered the case of theft against him*...... *Due to hunger he did the act was what boy's explanation* ..... *How would boy justify the offence registered against him?*


Learning

 3 Replies

Umamageswari Maruthappan (-)     10 July 2021

Greetings of the day!

To answer your query:

Section 378 of the Indian Penal Code, 1860 deals with the concept of theft. According to the Section, there are certain ingredients which is required to constitute a theft. The opening words of the Section itself states: "Whoever, intending to take dishonestly any moveable property....". This clearly means that the offence of theft is the dishonest removal of a thing. This is the first essential ingredient which is required to be proved to constitute a theft. Dishonest intention, here, would mean the intention to cause wrongful gain to one person and wrongful loss to another.

Therefore, the act committed by the boy would not amount to theft under Section 378 of the IPC since there was no dishonest intention, and the act was done only out of hunger.

Hope this helps!

​​​​​​Regards,

​​​​​​Umamageswari Maruthappan

 

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1 Like

sagar nalawade   10 July 2021

Thank you for your Valuable answer...

1 Like

Umamageswari Maruthappan (-)     07 August 2021

Most welcome!


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