In Mumbai, security guards’ mobile phones being stolen while on night duty is a common occurrence. This can be considered theft under Section 303, as:
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The thief intends to take the mobile phone dishonestly
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The mobile phone is movable property
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It’s taken out of the security guard’s possession without their consent
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The thief moves the mobile phone to achieve the taking
In this scenario, the security guard’s mobile phone is considered movable property, and the thief’s actions meet the definition of theft under Section 303.
Section 303: Theft
This section defines theft as:
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Intending to take dishonestly
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Any movable property
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Out of the possession of any person
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Without that person’s consent
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Moving that property to achieve the taking
Explanations
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Attached to the earth: Not considered movable property until severed from the earth.
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Moving and severance: Same act can be considered theft if it affects severance.
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Causing movement: Removing obstacles or separating from other things can be considered movement.
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Animal movement: Causing an animal to move is considered moving the animal and everything moved by it.
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Consent: Can be express or implied, given by the person in possession or someone with authority.
