38 Laws of Malaysia ACT 574 “Wrongful loss” is the loss by unlawful means of property to which the person losing it is legally entitled. A person is said to gain wrongfully when such person retains wrongfully, as well as when such person acquires wrongfully. A person is said to lose wrongfully when such person is wrongfully kept out of any property, as well as when such person is wrongfully deprived of property. “Dishonestly” 24. Whoever does anything with the intention of causing wrongful gain to one person, or wrongful loss to another person, irrespective of whether the act causes actual wrongful loss or gain, is said to do that thing “dishonestly”. Explanation—In relation to the offence of criminal misappropriation or criminal breach of trust it is immaterial whether there was an intention to defraud or to deceive any person. “Fraudulently” 25. A person is said to do a thing fraudulently if he does that thing with intend to defraud, but not otherwise. “Reason to believe” 26. A person is said to have “reason to believe” a thing, if he has sufficient cause to believe that thing, but not otherwise. “Property in possession of wife, clerk or servant” 27. When property is in the possession of a person’s wife, clerk or servant, on account of that person, it is in that person’s possession within the meaning of this Code.

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