Say the ratio out loud before you open Reasoning — recalling it unprompted is exactly what the exam pays for.
Why it matters
The companion to KN Mehra on the same proposition, and the one examiners quote most: removing a thing from another's possession, even meaning to put it back, is theft if it causes wrongful loss while it is gone. It also confirms the four working elements of theft.
Facts
Pyare Lal Bhargava, a Superintendent in the Chief Engineer's office at Alwar, at the request of a friend, got an official file removed from the Secretariat, took it to his house overnight, made it available to the friend to remove documents and substitute others, and then had the file returned to its place. He was convicted of theft under IPC s. 379.
Issue
Whether taking a file temporarily — with the intention of returning it, and in fact returning it — can be theft, given no permanent deprivation was intended.
Held
Conviction affirmed. Subba Rao J set out the elements of theft (from IPC ss. 378/23/24): (1) a dishonest intention — an intention to cause wrongful gain or wrongful loss by unlawful means; (2) in respect of movable property; (3) the property taken out of another's possession without consent; (4) and moved in order to such taking. Applying them: the record was in the government's possession; Pyare Lal moved it out without consent; and to deprive the office of the file even for a couple of days caused wrongful loss — "it is not necessary that the taking should be of a permanent character." A temporary deprivation is enough. The dishonest intention was present the moment he moved it for the unlawful purpose.
Ratio
Theft is complete on the dishonest moving of the property, and permanent deprivation is not required — a temporary taking that causes wrongful loss (or wrongful gain) satisfies "dishonestly." The offence is made out even though the thing is later returned.
Under the BNS
In the app
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