Anonymous
Asked January 29, 2017

Cattle stolen along with wheat bags

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If the cattle is stolen and it had bags of wheat in the carriage attached, can case be filed for theft of wheat bags as well?

Answer 1

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Anonymous

Section 378 of IPC deals with theft and in its explanation 4 it clearly states one of such situations where a cattle is stolen and the attached goods are also taken away.

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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