New SIDBI Grade A New Batch Starts on Nov 18

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    Question

    D's and P's residences were both ablaze. D grabbed a fire extinguisher and utilized its contents to douse the flames. However, D's actions caused an unreasonable escalation of danger to P's property, thereby depriving P of the opportunity to use the fire extinguisher to safeguard his own house. What offence, if any, has been committed by D?

    A Theft Correct Answer Incorrect Answer
    B Dishonest misappropriation of property Correct Answer Incorrect Answer
    C Mischief Correct Answer Incorrect Answer
    D No offence as the situation above comes under the ambit of Doctrine of Necessity Correct Answer Incorrect Answer

    Solution

    Theft (Section 378 IPC): The elements of theft include: Dishonestly moving any movable property. Such moving must be done out of the possession of any person. The act is done without that person's consent. The intention is to take the property dishonestly. The intention is to deprive the person of that property permanently. Dishonest Misappropriation of Property (Section 403 IPC): The elements of dishonest misappropriation of property include: Dishonestly using or disposing of any movable property. Such use or disposal is done with the intention of causing wrongful gain to one person or wrongful loss to another person. The act is done without that person's consent. Mischief (Section 425 IPC): The elements of mischief include: Willfully causing damage to any property. Such damage is caused without the consent of the owner of the property. The act is done with the intention of causing damage or with the knowledge that it is likely to cause damage to the property.

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