Principle: Theft is dishonestly taking any movable property out of the possession of another without consent. Facts: K finds a wallet lying on a public bench. He looks around, sees no one, and takes it home, intending to keep the cash inside. Has K committed theft?
AOnly if the cash exceeds Rs 5,000
BNo, finding goods is never theft
CYes, theft is established because K dishonestly took movable property
DNo, because the wallet was apparently abandoned and there is no taking from possession
Answer & Solution
Correct answer: D. No, because the wallet was apparently abandoned and there is no taking from possession
Theft (Section 378 IPC) requires taking 'out of the possession' of another. Lost property in public space is not in immediate possession — K may be charged under Section 403 (dishonest misappropriation) or as finder under Section 71 Contract Act, but not THEFT under s378.
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