Act 9
Penal Code Act
2008
(d) “A” delivers a jewel to “Z” a jeweler to be re-set. “Z”
carries it to his shop. “A”, not owing to the jeweler
any debit for which the jeweler might lawfully detain
the jewel as a security, enters the shop openly, takes
his jewel by force out of “Z’s” hand and carried it
away. Under these facts, “A”, though he or she may
have committed criminal trespass and assault, has not
committed theft inasmuch as what he or she did was
not done dishonestly.
(e) Again if “A” having pawned an article to “Z” takes
it out of “Z’s” possession without “Z’s” consent not
having paid what he or she borrowed on the article, he
or she commits theft though the article is his own
property inasmuch as he or she takes it dishonestly;
(f) “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 or she does not commit theft.
294. Theft in Dwelling House.
Whoever commits theft in or from any building, tent or vessel,
which building, tent or vessel is used as a human dwelling or the
custody of property, or in or from any means of transportation
used for the conveyance of passengers or goods, commits the
offence of theft from a dwelling house, and upon conviction,
shall be sentenced to imprisonment for a term not exceeding
seven years or with a fine or with both.
295. Theft by Clerk or Servant of Property in Possession of the
Employer.
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 or her master or employer, shall
upon conviction, be sentenced to imprisonment for a term not
exceeding seven years or with a fine or with both.
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