In legal terms, what does "possession" signify in committing an offense?

Study for the BPOC Penal Code Test. Master critical topics with flashcards and multiple choice questions, each offering hints and explanations. Prepare confidently for your exam!

In legal terms, "possession" signifies physical control over an item. This means that a person must have actual physical control or custody of the item in question at the time the offense is being committed. This concept entails more than merely having knowledge of the item or intending to use it; it requires that the individual has the item within their immediate reach or has it in their physical domain.

For example, if someone is found with a controlled substance in their pocket, they have physical control over that substance, and thus, can be charged with possession. Ownership is also a factor, but one does not need to own the item to be in possession of it; merely holding or having immediate access to it is sufficient for possession to be established. On the other hand, intent and knowledge relate to the mental state surrounding the possession but do not alone constitute possession without the element of physical control.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy