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Author Topic: Ownership of objects in public places, Owner's rights and Theft by finding  (Read 756 times)

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Offline subhasis

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Please help me understand how ownership and unlawful possession of objects get defined while in public place.

Suppose I find a purse in a train station and before I can submit it to the station master, police tracks it and charges me for theft.

How does an owner claim his/her right on an object? Must it be in his/her immediate possession? Is anything in a person's hand/pocket considered his/her(while in public place) property? If not, then how to define ownership?

Also what about objects that are not in his/her immediate possession? Suppose luggage tucked away below seat; is it completely the owner's responsibility to make sure nothing gets stolen?

Is it an offense to lose or not be careful enough about restricted items in public place? For example, a licensed firearm? What should be done if a person loses such item in public?

What about about cars parked on roards and stalls on road or on footpath?

I also want to know the actual owner's rights. Whether an owner is allowed to use physical force on a person in immediate or past possession of his/her property, and if yes, then under what condition and to what degree?

Do the onlookers have any duty or right to meddle? If yes, then please explain.

What if a person legally possesses firearm? Is the person allowed to pull out the firearm in public to prevent a theft or catch a suspected thief? Is the person allowed to shoot?

I also want to know if the laws are same everywhere in India and apply similarly to all Indians. If the owner is a police officer or judge, can things go differently? I mean, is is a more grievous offence to be found in possession of an object belonging to a judge or police officer or minister? Is the owner in such case allowed to use more force?
Have these laws been changed significantly in recent times(after independance)?

Pls forgive any grammatical or lexical mistake. Also, I am not a law student, so please explain in layman's terms.
« Last Edit: May 24, 2015, 03:52:02 AM by subhasis »


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