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Aakritu   15 March 2022

Legal maxim

What is the scope of the maxim of "Animo Furandi"?


 1 Replies

Aarushi   15 March 2022

The Latin maxim of Animo Furandi literally means “intention to steal”. This maxim is used in cases regarding theft. No theft is said to be committed in the absent of Animo Furandi. This maxim basically refers to the wrongful intention in order to profit one dishonestly, and cause harm to others. For any wrongful offence to be termed a crime, an intention to perform that act deliberately should be present, Animo Furandi is that deliberate intention to steal.

Gurudayal v. Indal

The Madhya Pradesh High Court held that, if a person takes from another, his rightful possession of an object without the present of Animo Furandi, it would not amount to the offence of theft.

Emperor v. John McIver

The Madras High Court noted that when a man obtains the possession of something by trick, where the original owner did not want to give up that thing, this act when combined with Animo Furandi forms the offence of theft.

F. L. Berawalla & Anr. R. K. Jain & Ors.

The Delhi High Court held that Animo Furandi is one of the most important ingredients to form the offence of theft.

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