Section 126 - Consent by wife in case of stealing

(1) Where it is proved, on behalf of a person accused of having stolen a thing that the wife of the owner of the thing consented to its appropriation by the accused person, the accused person shall not be convicted unless it is proved against the accused person that the accused person had notice that the wife did not have the authority to consent to the appropriation.

(2) Where it appears that the accused person had committed, or designed to commit, adultery with the wife, the accused person shall be deemed to have had notice, but shall not in that case be deemed to have committed the criminal offence of stealing by reason only

(a) of the appropriation, with the consent of the wife, or

(b) of the assistance to the wife to appropriate a wearing apparel of the wife or money or any other thing of which the wife is apparently permitted to have the disposal for her own use.