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Law · Q1

Indian Penal Code

Graduate and Post Graduate · Law · question 1

Q1

Which of the following is an offence of continuing under Indian Penal Code, 1860?

A.
Rape
B.
Theft
Answer
C.
Abetment
D.
Abduction

Answer: Option B

Solution

Answer: Option B
Solution:
Continuing Offence:
A continuing offence is an offence that is not confined to a single moment but continues over a period. It involves either repeated acts or a single act that has ongoing consequences, making the crime persist over time.

Explanation:
The correct answer is Option B: Theft.

Why is Theft a Continuing Offence?
- Theft is defined under Section 378 of the Indian Penal Code (IPC) as the dishonest taking of movable property out of a person’s possession without consent.
- The offence of theft is considered continuing because it does not end the moment the property is taken.
- As long as the stolen property remains in the wrongful possession of the thief, the offence continues.
- The act of theft is ongoing until the property is either returned or recovered.

Why are other options incorrect?
- Option A: Rape – Rape is a single act and is not classified as a continuing offence. Each instance of rape is treated as a separate offence under the IPC.
- Option C: Abetment – Abetment refers to instigating, aiding, or conspiring in a crime. The act of abetment itself is not continuous, even if its consequences persist.
- Option D: Abduction – Abduction involves the forcible taking or enticing of a person. Although the illegal detention of a person may continue, the act of abduction itself is a one-time offence.

Thus, the correct answer is Option B: Theft.