Principle Whoever takes away anything from the land of any person without that person rsquo s c...........

Indian Penal Code (IPC) 1860 Others

Principle: Whoever takes away anything from the land of any person without that person’s consent is said to commit theft. A thing so long as it is attached to the earth is not the subject of theft; but it becomes capable of being the subject of theft as soon as it is severed from the earth.

Facts: Y cuts down a tree standing on the land of X with the intention of dishonestly taking the tree out of X’s possession without the consent of X. But Y is yet to take away the tree out of X’s possession.

Y has committed theft as soon as he came to the land of X

Y has committed theft as soon as the tree has been completely cut down by him

Y has committed theft as soon as he has started cutting down the tree

Y has not committed theft because he is yet to take away the tree out of X possession

Explanation:

Theprinciple is a little strange. Ordinarily theft would be complete when the tree was severed and the case would be a case of theft. However, in the principle, the tree only “becomes capable of being the subject of theft as soon as it severed from the earth”. Coupled with the fact that the person has to “take away from the land of any person” a good capable of theft, theft is not complete, option 4 would be correct.