303. Theft.—
(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 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 the 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 highroad, 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 ever 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 jeweler, to be regulated. Z carries it to his shop. A, not owing to the
jeweler any debt for which the jeweler 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 trespass and assault, has not committed theft, in as much as what he did was not done
dishonestly.
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(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, with the intention of depriving Z of the property as
a security for his debt, he commits theft, in as much 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 in as
much 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 authorised 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 no 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 Z’s possession. Here, as A does not take dishonestly, he does not commit theft.
(2) 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 and in case of second or subsequent
conviction of any person under this section, he shall be punished with rigorous imprisonment for a term
which shall not be less than one year but which may extend to five years and with fine:
Provided that in cases of theft where the value of the stolen property is less than five thousand rupees,
and a person is convicted for the first time, shall upon return of the value of property or restoration of the
stolen property, shall be punished with community service.
