| Principle Who ever dishonestly misappropriates or converts to his own use any moveable property, shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both. |
| Facts A takes property belonging to Z out of Z's possession in good faith believing at the time when he takes it that the property belongs to himself. |
A) A is guilty of theft
B) A is guilty of robbery
C) A is not guilty of any offence
D) A after discovering his mistake, dishonestly appropriates the property to his own us, he is guilty of dishonest misappropriation of property
Correct Answer: C
Solution :
According to Section 403 of the Indian Penal Code 1860, and the principle given here, A is not guilty of any offence, because when A takes the property belonging to Z, out of Z's possession in good faith believes at that time the property belongs to himself, so the intention to commit any offence is lacking or missing, hence A is not liable for any offence.
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