(d) A, being Z's
servant, and entrusted by Z with the care of Z's plate, dishonestly
runs away with the plate, without Z's consent. A has committed
(e) Z, going on a journey, entrusts his plate to A, the keeper of
the warehouse, till Z shall return. A carries the plate to a
goldsmith and sells it. Here the plate was not in Z's possession. It
could not therefore be taken out of Z's possession, and A has not
committed theft, though he may have committed criminal breach of
(f) A finds a ring belonging to Z on a table in the house which Z
occupies. Here the ring is in Z's possession, and if A dishonestly
removes it, A commits theft.
(g) A finds a ring lying on the highroad, not in the possession of
any person. A by taking it, commits no theft, though he may commit
criminal 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 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
(i) A delivers his watch to Z, a jeweller, to be regulated. Z
carries it to his shop. A, not owing to the jeweller any debt for
which the jeweller might lawfully detain the watch as a security,
enters the shop openly, takes his watch by force out of Z's hand,
and carries it away. Here A, though he may have committed criminal
trespass and assault, has not committed theft, in as much as what he
did was not done dishonestly.
(j) If A owes money to Z for repairing the watch, and if Z retains
the watch lawfully as a security for the debt, and A takes the watch
out of Z's possession, with the intention of depriving Z of the
property as a security for his debt, he commits theft, in as much as
he takes it dishonestly.
(k) Again, if A, having pawned his watch to Z, takes it out of Z's
possession without Z's consent, not having paid what he borrowed on
the watch, he commits theft, though the watch is his own property in
as much as he takes it dishonestly.
(l) A takes an article belonging to Z out of Z's possession, without
Z's consent, with the intention of keeping it until he obtains money
from Z as a reward for its restoration. Here A takes dishonestly; A
has therefore committed theft.
(m) A, being, on friendly terms with Z, goes into Z's library in Z's
absence, and takes away a book without Z's express consent for the
purpose 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
implied consent to use Z's book. If this was A's impression, A has
not committed theft.
(n) A asks charity from Z's wife. She gives A money, food and
clothes, which A knows to belong to Z her husband. Here it is
probable that A may conceive that Z's wife is authorised to give
away alms. If this 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 as
she has no authority from Z to give. If A takes the property
dishonestly, he commits theft.
(p) A, in good faith, believing property belonging to Z to be A's
own property, takes that property out of B's possession. Here, as A
does not take dishonestly, he does not commit theft.
Section 379 of Indian Penal Code. "Punishment
Whoever commits theft
shall be punished with imprisonment of either description for a
term which may extend to three years, or with fine, or with both.
OFFENCES OF THEFT
and 379 of Indian Penal Code 1860 -
What is Theft? What is
the punishment for theft?
Section 380 of Indian Penal Code 1860 - What is theft in dwelling
house etc? What is the punishment?
Section 381 and 382 of Indian Penal Code 1860 -
What is theft by clerk or servant of property in possession of
master? What is
theft after preparation made for causing death, hurt or restraint in
order to the committing of the theft? What are the punishment for
theft by clerk or servant?