Amendment status not verified — confirm the current text below against the official source.
(1) Whoever, intending to take dishonestly 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 commit 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 affects 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 this section 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. Illustrations. (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 toA, the keeper of a warehouse, till Z shall return.Acarries 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. Trespassing on burial places, etc. Uttering words, etc., with deliberate intent to wound religious feelings of any person. Theft. 78 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— ____________________________________________________________ _____________________________________________________________ ____________________________________________________________ ___________________________________________________________ ________________________________________________________ _____________________________________________________________ 78 THE GAZETTE OF INDIA EXTRAORDINARY [Part II- ꯂꯩꯔꯣꯜꯆꯟꯐꯝꯁꯤꯡ ꯂꯥꯟꯗꯨꯅꯆꯠꯄ ꯑꯁꯤꯅꯆꯤꯡꯕ꯫ ꯃꯤꯑꯣꯏꯑꯃꯍꯦꯛꯇꯒꯤ ꯂꯥꯏꯅꯤꯡꯒꯤꯤꯑꯣꯏꯕ ꯋꯥꯈꯜꯂꯣꯟꯗꯇꯠꯇꯅ ꯁꯣꯛꯍꯟꯅꯕꯒꯤ ꯋꯥꯈꯜꯂꯣꯟꯗꯋꯥꯍꯩꯁꯤꯡ ꯁꯤꯖꯤꯟꯅꯕ ꯑꯁꯤꯅꯆꯤꯡꯕ꯫ ꯍꯨꯕꯒꯤꯊꯕꯛ꯫