9911796707
TMI BlogTheftX X X X Extracts X X X X X X X X Extracts X X X X ..... 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 this section 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r 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 jeweler, to be regulated. Z carries it to his shop. A, not owing to the jeweler any debt for which the jeweler 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 repai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 Z s possession. Here, as A does not take dishonestly, he does not commit theft. (2) 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 and in case of second or subsequent conviction of any person under this section, he shall be punished with rigorous imprisonment for a term which shall not be less than one year but which may extend to five years and with fine: Provided that in cases of theft where the value of the stolen property is less tha ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
