Official Text
“Whoever, intending to take dishonestly any moveable 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.”
Legal Analysis
Elements to Prove:
- The accused intended to take property dishonestly.
- The property was moveable.
- The property was in another person's possession.
- The taking was without consent.
- The property was moved to effect the taking.
Potential Defenses:
- The accused had no dishonest intention.
- The property was not moveable.
- The accused had consent to take the property.
- The accused believed the property was their own.
Practical Examples
What Constitutes the Offense:
A person taking someone's phone without permission, or stealing money from a wallet.
What Doesn't Constitute:
A person borrowing something with permission, or taking property they believe is their own.
Important Case Laws
K.N. Mehra v. State of Rajasthan (1957)
The Supreme Court clarified that theft requires dishonest intention and movement of property without consent.
Punishment
This is a definitional section. Punishment is provided in Section 379.
Related Information
Connected Sections:
This section defines theft. It is followed by Section 379 (Punishment for theft) and related to other property offenses.
Procedural Aspects:
Prosecution requires proof of dishonest intention and unauthorized taking. The case is triable by any Magistrate.