Can a man commit theft of his own goods? Answer with illustration.

Question: Can a man commit theft of his own goods? Answer with illustration. [UPCJ 2000, Raj J 1976, CGJ 2003, UPCJ 2013.]

Find the question and answer of IPC only on Legal Bites. [Can a man commit theft of his own goods? Answer with illustration.]

Answer

Section 378, IPC defines the offence of Theft as-

Whoever, intending to take dishonestly any movable property out of the possession of any person without that person’s consent, moves that property in order to such taking is said to commit theft.

Explanation 5 to section 378—The consent mentioned in the definition may be express or implied, and may be given either by the person in possession or by any person having for that purpose authority either express or implied.

In order to constitute the offence of theft, the following five elements are essential: (i) it should be a movable property; (ii) in the possession of anyone; (iii) a dishonest intention to take it out of that person’s possession; (iv) without his consent; and (v) a moving in order to such taking.

Illustration (j): If A owes money to Z for repairing the watch, and if Z retains the watch lawfully as a security for the debt, and A takes the watch out of Z’s possession, with the intention of depriving Z of the property as a security for his debt, he commits theft, inasmuch as he takes it dishonestly.

Illustration: (k): If A, having pawned his watch to Z, takes it out of Z’s possession without Z’s consent, not having paid what he borrowed on the watch, he commits theft, though the watch is his own property inasmuch as he takes it dishonestly.

Thus, if A an owner of goods, delivers them to B, to keep for him and then steals them with intent to charge B, with the value of them, this would be a felony in A. So, if A having delivered the money to his servant to carry to some distant place, disguises himself and robs the servant on the road, with intent to charge him, this would be robbery in A.

Also, in the case of Sheikh Hussain (1887) Cri R No 36 of 1887 where the accused took a bundle belonging to himself, which was in the possession of a constable and for which the constable was accountable, it was held that the constable had special property in it and the accused was therefore guilty of theft

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