08/07/2019
Penal Code, 1860 (Act No. XLV of 1860).
(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 therefore 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 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.
(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 property out of B's possession. Here, as A does not take dishonestly,
he does not commit theft.
Punishment for theft
379. 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.
380. Whoever commits theft in any building, tent or vessel, which building, tent
or vessel is used as a human dwelling, or use for the custody of property, shall
be punished with imprisonment of either description for a term which may extend
to seven years, and shall also be liable to fine.
servant of property in
possession of master
381. Whoever being a clerk or servant, or being employed in the capacity of a
clerk or servant, commits theft in respect of any property in the possession of his
master or employer, shall be punished with imprisonment of either description for
a term which may extend to seven years, and shall also be liable to fine.
Theft in dwelling
house, etc
Theft by clerk or
Theft after
preparation made for
causing death, hurt
or restraint, in order
to the committing of
the theft
382. Whoever commits theft, having made preparation for causing death, or hurt,
or restraint, or fear of death, or of hurt, or of restraint, to any person, in order
to the committing of such theft, or in order to the effecting of his escape after
the committing of such theft, or in order to the retaining of property taken by
such theft, shall be punished with rigorous imprisonment for a term which may
extend to ten years, and shall also be liable to fine.
Illustrations
(a) A commits theft on property in Z's possession; and, while committing this
theft, he has a loaded pistol under his garment having provided this pistol for the
purpose of hunting Z in case Z should resist. A has committed the offence
defined in this section.
(b) A picks Z's pocket, having posted several of his companions near him, in
order that they may restrain Z, if Z should perceive what is passing and should
resist, or should attempt to apprehend A. A has committed the offence defined in
this section.
Of Extortion
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