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Explanations A thing so long as it is attached to the earth, not being movable property, is not the subject of theft; but it becomes capable of being the subject of theft as soon as it is severed from the earth.
A moving effected by the same act which effects the severance may be a theft. A person is said to cause a thing to move by removing an obstacle which prevented it from moving or by separating it from any other thing, as well as by actually moving it.
A person, who by any means causes an animal to move, is said to move that animal, and to move everything which, in consequence of the motion so caused, is moved by that animal. The consent mentioned in the definition may be express or implied, and may be given either by the person in possession, or by any person having for that purpose authority either express or implied.
Here, as soon as A has severed the tree in order to such taking, he has committed theft.
A meets a bullock carrying a box of treasure. He drives the bullock in a certain direction, in order that he may dishonestly take the treasure. As soon as the bullock begins to move, A has committed theft of the treasure.
A has committed theft. Z, going on a journey, entrusts his plate to A, the keeper of a warehouse, till Z shall return. A carries the plate to a goldsmith and sells it.
A finds a ring belonging to Z on a table in the house which Z occupies. A finds a ring lying on the high-road, not in the possession of any person.
A, by taking it, commits no theft, though he may commit criminal misappropriation of property. Not venturing to misappropriate the ring immediately for fear of search and detection, A hides the ring in a place where it is highly improbable that it will ever be found by Z, with the intention of taking the ring from the hiding place and selling it when the loss is forgotten.
Here A, at the time of first moving the ring, commits theft. A delivers his watch to Z, a jeweller, to be regulated. Z carries it to his shop. Here A, though he may have committed criminal trespass and assault, has not committed theft, inasmuch as what he did was not done dishonestly.
Here A takes dishonestly; A has therefor committed theft. She gives A money, food and clothes, which A knows to belong to Z her husband. She gives a valuable property, which A knows to belong to her husband Z, and to be such property as she has not authority from Z to give.
If A takes the property dishonestly, he commits theft. Here, as A does not take dishonestly, he does not commit theft. Whoever commits theft in any building, tent or vessel, which building, tent or vessel is used as a human dwelling, or used for the custody of property, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
A has committed the offence defined in this section. Illustrations A threatens to publish a defamatory libel concerning Z unless Z gives him money. He thus induces Z to give him money.Offence against property finds a prominent place in the penal code, the basic elements common to the offences under this chapter is “Dishonestly”, which the code describes as the intention of causing “wrongful gain” to one person or “wrongful loss” to another but the manner in which dishonestly is exercised differs in different cases.
1 “Whoever does anything with the intention. This statistic shows the crime rate of police recorded crime per 1, of the population in London (UK) from January 1, to December 31, , by offence group. Theft offences were the most.
|Related content in Oxford Reference||For that our Indian penal code section 23 says about wrongful gain and wrongful loss.|
1) Introduction: Section of the Indian Penal Code defines extortion and Section of the Indian Penal Code provides punishment for extortion. • Offence against property finds a prominent place in the penal code, the basic elements common to the offences under this chapter is “Dishonestly”, which the code describes as the.
an act to make provision in respect of certain offences commuted in relation to public property and for matters connected therewith or incidental thereto. Offences against property This refers to a wide range of offences which include dishonest offences as well as other offences such as criminal damage.
Offences involving dishonest behaviour, include theft, robbery and burglary. “Dishonest offences are provided for by legislation, Criminal Justice (Theft and Fraud Offences) Act