Principle Whoever intending to take dishonestly any movable property out of the possession of a...........

Indian Penal Code (IPC) 1860 Others

Principle: Whoever, intending to take dishonestly any movable property out of the possession of any person without that person’s consent, moves that property with an intention to take it, is said to commit theft.

Facts: Y cuts down a tree on Z’s ground, with the intention of dishonestly taking it out of Z’s possession without Z’s consent. Y could not take away the tree.

Y can be prosecuted for theft

Y cannot be prosecuted for theft

Y can be prosecuted for attempt to theft

Y has neither committed theft nor attempted to commit theft

Explanation:

Y moved the property (severed it from the ground) with the dishonest intention of taking it.
Therefore, Y can be prosecuted for theft.
The cutting of the tree is enough to satisfy the requirement that the object of theft should move.