Whoever, intending to take dishonestly any moveable property out of the possession of any person without that person's consent, moves that property in order to such taking, is said to commit 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 it becomes capable of being the subject of theft as soon as it is severed from the earth.
Explanation 2. - A moving effected by the same act which affects the severance may be a theft.
Explanation 3. - A person is said to cause a thing to move by removing an obstacle which prevented it from moving or by separating it from any other thing, as well as by actually moving it.
Explanation 4. - A person, who by any means causes an animal to move, is said to move that animal, and to move everything which, in consequence of the motion so caused, is moved by that animal.
Explanation 5. - The consent mentioned in the definition may be express or implied, and may be given either by the person in possession, or by any person having for that purpose authority either express or implied.
Illustrations
(a) A cuts down a tree on Z's ground, with the intention of dishonestly 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, he has committed theft.
(b) A puts a bait for dogs in his pocket, and thus induces Z's dog to follow it.
Here, if A's intention be dishonestly to take the dog out of Z's possession
without Z's consent. A has committed theft as soon as Z's dog has begun to
follow A.
(c) A meets a bullock carrying a box of treasure. He drives the bullock in a
certain direction, in order that he may dishonestly take the treasure. As soon
as the bullock begins to move, A has committed theft of the treasure.
(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.
(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 trust.
(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 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 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. Comments Ingredients The delay in hearing of appeal
for long period is no cause for not interfering with an order of acquittal which
was based on conjectures and surmises, resulting in gross failure of justice;
State of Rajasthan v. Shanker, 2000 Cr LJ 266 (Raj). Taking need not
be permanent It is not necessary that the taking should be of a permanent
character, or that the accused should have derived any profit. A temporary
removal of an office file from the office of a Chief Engineer and making it
available to a private person for a day or two amounts to the offence of theft;
Pyare Lal Bhargava v. State of Rajasthan, AIR 1963 SC 1094.
378 IPC Case Laws (Supreme Court and High Courts)
Madra AIR 1946 Nag 326
Madaree Chowkeedar (1865) 3 WR (Cr) 2
Bailey (1872) LR ICCR 347
Naushe Ali Khan (1911) 34 All. 89
Pyarelal AIR 1963 SC 1094
Alagriswami Tevan (1904) 28 Mad 304
Arfan Ali (1916) 44 Cal 66
Nagappa (1890) 15 Bom. 344
Rama AIR 1955 Rang. 190
Shekh Hassan (1887) Cr. C. 343
Sri Churn Chungo (1895) 22 Cal 1017
Keseri Chand, AIR 1959 Raj 497
Judah (1925) 53 Cal 174
Avtar Singh AIR 1965 SC 666
White (1853) 6 Cox 213
Ramadhin (1920) 25 All. 129
Ahmed AIR 1967 Raj 190
Hassenee v. Raj Krishna (1873) 20 WR (Cr) 80
Gangaram Santram (1884) 9 Bom. 135
Bande Ali Shaikh (1839) 2 Cal. 419
H. UJ. Ransom v. Triloki Nath (1942) 17 Luck 773
Mathi (1886) Unrep. Cr. C. 314
Purushottam, (1962) 64 Bom. LR 788
Hanmanta (1877) 1 Bom 610
Troylukho Nath Chowdhry (1878(4) Cal 366
Chandler (1913( 1 KB 125
Venkatasami (1890) 14 Mad 229
Bisakhi (1917) PR No. 29 of 1917
Martin's case (1777) 1 Leach 171
Balos (1882) 1 Weir 419
Bagu Vishu (1897) Unrep. Cr. C. 928
Samsuddin (1900) 2 Bom. LR 752
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