Asked December 30, 2016

Theft of dog and gold chain

  • 1 Answer

My servant showed few biscuits to my dog and took the dog away with him. Because I love my dog a lot I had made him wear a gold chain. I am worried that for that chain my servant will kill the dog. Please suggest if he can be held liable for any offence?

Answer 1

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Section 378 of IPC deal with theft as an offence. it has certain elements such as dishonest intention, movable object, without consent etc which needs to be fullfilled, if in the current situation if these elements are fulfilled then yes the accused can be held liable for theft. explanation 4of section 378 deals with similar situation.


Section 378 in The Indian Penal Code

378. Theft.—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. 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 the definition 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. 

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