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Shailesh (Businessman)     23 September 2014

A sees z drop purse, but puts in his pocket, is it theft?

A sees Z drop his wallet and he picks it up and instead of returning it back to him puts it inside his own pocket. Is it theft?

 

Although, picking up an unclaimed property from a road is not theft but in this case A knows very clearly that Z dropped his wallet. Can A be charged with theft or criminal misappropriation of property?



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 3 Replies

sparrow (Apprentice)     23 September 2014

though strictly and technically the situaton would fall n criminal miappropriation of property as to fall in theft you will have to prove 'out of possession of any person'  and herein as soon as the purse was dropped it was out of possession of the owner thereby theft cannot be shown. on the contrary since the purse has been 'dishonestly misappropriated' the situation would fall under 403.

however it would be extremely difficult to show absence of possession if owner has not left the place of incident.

Laxmi Kant Joshi (Advocate )     23 September 2014

It will come under sec 403ipc i.e. for misappropriation of property .

Shailesh (Businessman)     23 September 2014

Thank you, answerers, can you answer one more query of mine at ---> https://www.lawyersclubindia.com/forum/If-im-guilty-of-ipc-341-of-wrongful-restraint-pls-ans-few-q-109586.asp#.VCGbE5SSxrw regarding a charge of wrongful restraint against me? Thnx!


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