Section 286 - Theft defined.

(I) Whoever, intending to take dishonestly any movable property out of the possession of a person Without that person's consent, moves that property in order to take it is said to commit theft.

Explanation

A thing so long as it is attached to the earth, not being movable properly, 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

A moving effected by the same act which effects the severance may be a theft.

Explanation

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

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

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.

Illustration

(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 take it, he has committed theft.

(b) A puts a bait for dogs in his pocket and thus induces Z's dog to follow him. Here, if A's intention is 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 camel carrying a box of treasure. He drives the camel in a certain direction in order that he may dishonestly take the treasure. As soon as the camel begins to move, A has committed theft of the treasure.

(d) Z going on a journey entrusts jewellery to A till Z shall return. A carries the jewellery to the market and sells it. Here the jewellery 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 lying on the road not in the possession of any person. A by taking it commits no theft, though he may commit criminal misappropriation of property.

(g) 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.

(h) A delivers a jewel to Z a jeweller to be re-set. Z carries it to his shop. A, not owing to the jeweller any debt for which the jeweller might lawfully detain the jewel as a security, enters the shop openly, takes his jewel 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 inasmuch as what he did was not done dishonestly.

(i) If A owes money to Z for re-setting the jewel and if Z retains the jewel lawfully as a security for the debt and A takes the jewel out of Z' s possession, with the intention of depriving Z of the property as a security for his debt, he commits theft inasmuch as he takes it dishonestly.

(j) 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.

(k) A, being on friendly terms with Z, goes into Z's house in Z's absence and takes away a cooking pot without Z's express consent with the intention of returning it after use. Here, it is probable that A may have conceived that he had Z's implied consent to use Z's cooking pot. If this was A's impression, A has not committed theft.

(I) 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 authorized to give away alms. If this was A's impression, A has not committed theft.

(m) 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 not authority from Z to give. If A takes the property dishonestly, he commits theft.

(n) 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.