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. 150

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