Indian Penal Code,1860
Act No : 45
Section :
Theft.
378. Theft.--Whoever, intending to take dishonestly any movableproperty out of the possession of any person without that person'sconsent, moves that property in order to such taking, is said tocommit theft. Explanation 1.-A thing so long as it is attached to the earth,not being movable property, is not the subject of theft; but itbecomes capable of being the subject of theft as soon as it is severedfrom the earth.----------------------------------------------------------------------1. Subs, by Act 26 of 1955, s. 117 and Sch., for "transportation for life ".----------------------------------------------------------------------187 Explanation 2.-A moving effected by the same act which effectsthe severance may be a theft. Explanation 3.-A person is said to cause a thing to move byremoving an obstacle which prevented it from moving or by separatingit from any other thing, as well as by actually moving it. Explanation 4.-A person, who by any means causes an animal tomove, is said to move that animal, and to move everything which, inconsequence of the motion so caused, is moved by that animal. Explanation 5.-The consent mentioned in the definition may beexpress or implied, and may be given either by the person inpossession, or by any person having for that purpose authority eitherexpress or implied. Illustrations (a) A cuts down a tree on Z's ground, with the intention ofdishonestly 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, hehas committed theft. (b) A puts a bait for dogs in his pocket, and thus induces Z'sdog to follow it. Here, if A's intention be dishonestly to take thedog out of Z's possession without Z's consent, A has committed theftas soon as Z's dog has begun to follow A. (c) A meets a bullock carrying a box of treasure. He drives thebullock in a certain direction, in order that he may dishonestly takethe treasure. As soon as the bullock begins to move, A has committedtheft of the treasure. (d) A being Z's servant, and entrusted by Z with the care of Z'splate, dishonestly runs away with the plate, without Z's consent. Ahas committed theft. (e) Z, going on a journey, entrusts his plate to A, the keeper ofa warehouse, till Z shall return. A carries the plate to a goldsmithand sells it. Here the plate was not in Z's possession. It could nottherefore be taken out of Z's possession, and A has not committedtheft, though he may have committed criminal breach of trust. (f) A finds a ring belonging to Z on a table in the house which Zoccupies. Here the ring is in Z's possession, and if A dishonestlyremoves it, A commits theft. (g) A finds a ring lying on the high-road, not in the possessionof any person. A, by taking it, commits no theft, though he may commitcriminal misappropriation of property. (h) A sees a ring belonging to Z lying on a table in Z's house.Not venturing to misappropriate the ring immediately for fear ofsearch and detection, A hides the ring in a place where it is highlyimprobable that it will ever be found by Z, with the intention oftaking the ring from the hiding place and selling it when the loss isforgotten. Here A, at the time of first moving the ring, commitstheft. (i) A delivers his watch to Z, a jeweller, to be regulated. Zcarries it to his shop. A, not owing to the jeweller any debt forwhich the jeweller might lawfully detain the watch as a security,enters the shop openly, takes his watch by force out of Z's hand, andcarries it away. Here A, though he may have committed criminaltrespass and assault, has not committed theft, inasmuch as what he didwas not done dishonestly.188 (j) If A owes money to Z for repairing the watch, and if Zretains the watch lawfully as a security for the debt, and A takes thewatch out of Z's possession, with the intention of depriving Z of theproperty as a security for his debt, he commits theft, inasmuch as hetakes it dishonestly. (k) Again, if A, having pawned his watch to Z, takes it out ofZ's possession without Z's consent, not having paid what he borrowedon the watch, he commits theft, though the watch is his own propertyinasmuch as he takes it dishonestly. (l) A takes an article belonging to Z out of Z's possessionwithout Z's consent, with the intention of keeping it until he obtainsmoney from Z as a reward for its restoration. Here A takesdishonestly; A has therefor committed theft. (m) A, being on friendly terms with Z, goes into Z's library inZ's absence, and takes away a book without Z's express consent for thepurpose merely of reading it, and with the intention of returning it.Here, it is probable that A may have conceived that he had Z's impliedconsent to use Z's book. If this was A's impression, A has notcommitted theft. (n) A asks charity from Z's wife. She gives A money, food andclothes, which A knows to belong to Z her husband. Here it is probablethat A may conceive that Z's wife is authorized to give away alms. Ifthis was A's impression, A has not committed theft. (o) A is the paramour of Z's wife. She gives a valuable property,which A knows to belong to her husband Z, and to be such property asshe has not authority from Z to give. If A takes the propertydishonestly, he commits theft. (p) A, in good faith, believing property belonging to Z to be A'sown property, takes that property out of B's possession. Here, as Adoes not take dishonestly, he does not commit theft.
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