Explanations 1: As long as property attached to earth it is not movable but becomes so once severed.
Eg. Fan is immovable property till attached with screw as soon as screw is removed it becomes movable
Explanations 2: Moving effected by the act of severance may be theft.
Explanations 3: moved by removing obstacle which prevent moving seprated from another actually moving
Illustration : A cuts down a tree on Z’s ground, with the intention of dishonestly taking the tree out of Z’s possession without Z’s consent. Here, as soon as A has severed the tree in order to such taking, he has committed thef.
Whoever committed theft shall be punishable with Imprisonment upto 3 years/fine/both.
On 2nd Time Conviction: minimum 1 year upto 5 years rigorous imprisonment or fine.
If stolen property is less than 5k and the person is a first-time convict, punishment may be community service upon restoring the value.
Case Law:
Chandi Kumar Das vs Abanidhar Roy: Dishonest intention exists when one intends to cause wrongful gain or loss. Honest ignorance or reasonable good faith may negate mens rea.