IPC Section 378 - Theft

378. Theft. Whoever, intending to take disho nestly any movable property out of the possession of

any person without that person's consent, moves that property in order to such taking, is said to commi t

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 effects 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.

Illustration s

(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 a 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 t he 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 high road, 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 eve r 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 tres pass and assault, has not committed theft, inasmuch 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, wit h the intention of depriving Z of the property as a security for his debt, he commits theft,

inasmuch 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 inasmuch 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 therefor 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 clo thes, which A knows to belong to Z her husband. Here it

is probable that A may conceive that Z's wife is authori sed to give away alms. If this was A's impress ion, 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 not 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 pro perty out of B's possession.

Here, as A does not take dishonestly, he does not commit theft.