Law: Penal Code (XLV of 1860)

Section: 378

  (a) Penal Code (XLV of 1860)-----   ----S. 378-Theft-Evsential ingredients of Moving of property-Must be with dishonest intention.   Theft, according to the definition given in section 378 of the Penal Code, consists of: (1) moving a movable property of a person out of his possession without his consent. (2) the moving being in order to the taking of the property with a dishonest intention, thus, (1) the absence of the person's consent at the time of moving, and (2) the presence of dishonest intention in so taking and at the time, are the essential ingredients of the offence of theft.   Since the definition of theft in section 378, Penal Code, requires that the moving of the property is to be in order to such taking, "such" meaning "intending to take dis honestly", the very moving out must be with the dishonest intention.   (b) Penal Code (XLV of 1860)-------   ----Ss. 378, 24 & 23- Dishonest intention-What constitutes-"Theft" under Penal Code and "larceny" in English law-Distinction-Unauthorised use of aircraft-Wrongful gain and loss-Intention.   Taking the definitions of "dishonest" intention in section 24 and "wrongful gain" and "wrongful loss" in section 23 of the Penal Code together, a person can be said to have dishonest intention if in taking the property it is his intention to cause gain, by unlawful means, of the property to which the person so gaining is not legally entitled or to cause loss, by wrongful means, of property to which the person so losing is legally entitled. It is further clear from the definition that the gain or loss contemplated need not be a total acquisition or a total deprivation but it is enough if it is a temporary retention of property by the person wrongfully gaining or a temporary "keeping out" of the property from the person legally entitled. This is clearly brought out in illustration (1) to section 378, Penal Code, and is uniformly recognised by various decisions of the High Courts which point out that in this respect "theft" under the Penal Code differs from "larceny" in English…