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Question 2. A, with intent to commit theft, enters a house during the night and takes out a heavy chest from one of the rooms and brings it to the courtyard, where he opens it but finds no such thing in the box. The one who is capable of carrying and leaving the box there goes away. Did ‘A’ commit any offence, if so which one?
Answer – The above problem is taken from Chapter 17 of the Indian Penal Code 1860, which deals with offenses against property – which is as follows :-
‘A’ enters a house during the night with the intention of committing theft. And takes out a heavy box from a room and brings it to the courtyard, where he opens it, after opening it, he does not find anything in that box which is worth carrying and he leaves the box there and goes away.
In this problem ‘A’ shall be guilty of attempt to commit the offense of ‘Theft’ mentioned in section 378 and ‘House-trespass’ under section 442 of the Indian Penal Code, 1860.
Since, it is clear from the given facts in the above problem-
- As soon as ‘A’ entered the house during the night, he became guilty of the offense of ‘house-trespass ‘ falling under section 442.
House-trespass entering the house by him fulfills the necessary conditions for the crime of house-trespass.
According to section 442- If any person commits house trespass by entering or continuing in any building or construction, that he shall be guilty of house-trespass.
- Since ‘A’ intended to commit theft, and brought his box out of the room, looking at it open, he did not find in the box anything capable of being ‘taken away’ when his There was every intention of leaving.
Which fulfills the necessary conditions for the offense of theft given in section 378, so ‘A’ will also be guilty of the offense of theft.
According to section 378 – Whoever, with the intention of taking any movable property from the possession of any person, without the consent of that person, removes such property to take it, is said to commit theft.
Therefore, it is clear from the facts presented in the above problem that ‘A’ would be guilty of attempting the offense of ‘house-trespass’ mentioned in section-442 of the Indian Penal Code 1860 and ‘theft’ mentioned in section-378.