(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 theft.
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 trust.
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
(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 theft.
(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
(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
(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 for Theft"
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
Section 378 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