My maid's daughter stole a loaf of bread worth rs 10/- from a shop and they are now threatning to file a complaint against her. Please suggest can she state that she stole it as her younger brother was very hungry and starving?
You have not provided the age of your maid's daughter which is important in the presnt case.
Assuming that she is an adult, theft is a theft and the value of property does not matter as per law. So saying that she has done it for her starving brother does not saves her.
Considering that it is a petty matter she can apologise with a promise never to do it again.
If the daughter is less than 7 years then she can be excused from the liability but if she is a major and has committed offence then her good motive cannot let her escape the laibility. The term dishonest intention in the provision refers to wrongful loss or wrongful gain and in this case there is both. Motive can be helpful in determining punishment but for liability it is the intention that is important and she can held liable.
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