Section 378 of the Penal Code provides the scope of “Theft”, which comprises of the following elements.
- There must be a dishonest intention
- The offender had moved moveable property out of the possession of any person
- Movement of that property was done without that person’s consent
What is dishonest intention?Dishonest intention refers to the intent to cause a wrongful gain or loss of a property.
What is considered “moveable property”?Section 22 of the Penal Code defines “moveable property” to include corporeal property of every description, except land and things attached to the earth (e.g. land), or permanently fastened to anything which is attached to the earth (e.g. building). However, once such a property is detached from the earth, it becomes moveable property.
Punishment for Theft
|Section 379A of the Penal Code||Theft of a motor vehicle or any component part||Up to 7 years imprisonment and shall also be liable to fine. Disqualification from holding or obtaining a driving licence unless the court for special reasons thinks fit to order otherwise.|
|Section 380 of the Penal Code||Theft in dwelling-house||Up to 7 years imprisonment and shall also be liable to fine.|
|Section 381 of the Penal Code||Theft by clerk or servant of property in possession of master||Up to 7 years imprisonment and shall also be liable to fine.|
|Section 382 of the Penal Code||Theft after preparation made for causing death or hurt in order to commit theft||Up to 10 years imprisonment and shall also be punished with caning with not less than 3 strokes.|
Examples of theft