The contents are listed in the 1st page of the note :) credit goes to Dr Munzil for the amazing comprehensive notes, I just added / rearranged few parts to ease my understanding.
P/S : I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves everyday, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
The contents are listed in the 1st page of the note :) credit goes to Dr Munzil for the amazing comprehensive notes, I just added / rearranged few parts to ease my understanding.
P/S : I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves everyday, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
Confession under Malaysian Evidence Act 1950Intan Muhammad
P/S : I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves every day, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
Uploaded notes in my SlideShare are limited to the basic principles based on personal understanding and subject to few amendments. Comments and updates are welcomed! If the notes benefited you, kindly let me know :)
P/S : I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves every day, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
P/S : I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves every day, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
Confession under Malaysian Evidence Act 1950Intan Muhammad
P/S : I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves every day, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
Uploaded notes in my SlideShare are limited to the basic principles based on personal understanding and subject to few amendments. Comments and updates are welcomed! If the notes benefited you, kindly let me know :)
P/S : I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves every day, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
P/S : I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves every day, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
Theft, in layman the act of dishonestly taking something that belongs to someone else and keeping it. We generally describe theft to be the act of stealing property belonging to somebody else. However, theft under IPC has certain specific requirements and ingredients. According to Section 378, theft means dishonestly taking any movable property out of the possession of a person. This taking must always be without the concerned person’s consent. Therefore, in order to constitute theft under IPC, the following conditions must exist:
Ingredients: To constitute theft, the following ingredients are required:
a) The accused must have a dishonest intention to take the property,
b) The property must be movable,
c) The property must be taken out of the possession of another person,
d) Resulting in wrongful gain by one and wrongful loss to another,
e) Taking must be without the person’s consent (implied or expressed)
All of these requirements must exist in order to complete the offence of theft. If anyone of them is missing, the offender is not guilty of theft. For example, a person may take and move somebody else’s property thinking it actually belongs to him. In this case, since the offender moved the property as a mistake, he did not commit theft.
OverviewNow more than ever, persons have an abundance of prope.docxgerardkortney
Overview
Now more than ever, persons have an abundance of property to protect. Criminal statutes include property crimes such as theft, burglary, arson, and computer crimes. Although the elements of the offenses vary, each involves the unauthorized taking of real, tangible, or intangible property. The various property crimes and variations of crimes include lesser or aggravated offenses.
Introduction
The crime of theft is characterized by several different terms, including acquisitive offenses, wrongful acquisition, and misrepresentation. To increase your understanding of theft offense, it is important to understand the elements of larceny and the different types of property.
Defining Theft
Theft is conduct that unlawfully deprives someone of their property. Let's examine the different terms that describe the types of conduct constituting theft.
· Acquisitive offenses
· Wrongful acquisition crimes
· Crimes of misrepresentation
Larceny is the common law crime of theft. Today’s state criminal statutes have particularized the crime of theft in various ways. The common law elements of larceny are as follows:
· Mens Rea:
·
· The intentional and unlawful
· Actus Reus:
·
· Taking of another’s personal property with intent to keep it
Larceny generally consists of garden variety theft. If, for example, the defendant sees a wallet in an unsupervised purse and takes it, the person is guilty of larceny.
Elements of Larceny
Today’s criminal statutes generally codify four elements for larceny:
· Intentionally and unlawfully (or wrongfully)
· Taking (or carrying away)
· The property of another
· With the intent to keep (as opposed to borrow)
Let's examine three types of property:
· Tangible property
· Real property
· Intangible property
Property of Another: Grand Larceny (felony) is differentiated from petit larceny (misdemeanor) by the market value or special characteristic of the object taken. Example: the theft of firearms constitutes grand larceny.
6 of 43
Unlawful Taking
For the crime of larceny, the person must intentionally and unlawfully take the property of another. Let’s examine the element of unlawful taking or trespassory taking.
Trespassory taking is “taking without consent.” The scope of consent is examined, and if it is determined that the defendant's conduct went outside the boundaries of consent, then the defendant may be guilty of larceny.
The word taking, or asportation, means the carrying away of an object. The element of asportation in criminal larceny statutes incorporates the loss of the value or access caused by the defendant's conduct.
If a bailee is entrusted with goods that are intentionally destroyed or sold for profit without consent, that individual is guilty of larceny. To be considered intentional, the act or conduct must include the intent to steal; therefore warehouse attendants who accidentally, recklessly, or negligently destroy or lose the bailer’s items are not guilty of a criminal crime. However, they may be .
I came to know many fraudulently run organizations which take money from people by promising huge returns and later run away. Here is a brief about laws in India to prevent such acts.
With the new law in the uae, the prosecution can allow the accused and the vi...Dr. Hassan Mohsen
The new amendment to the UAE Criminal Procedure Law provides for an amicable settlement opportunity to the parties in a criminal case, namely the victim and the accused under the aegis of the prosecution.
1. Explain in detail the stages in commission of a crime with decided cases.
2. Theories of Attempt.
3. Inchoate crime.
4. Distinguish between preparation and attempt.
5. Explain section 511 and 307 of IPC.
This ppt gives a structured answer as to the elements of crime and its application in the Indian Penal Code (IPC) 1860. It describes how the different sections of IPC are based on the 4 elements of crime i.e. human being, mens rea, actus reus and injury along with cases.
1. THEFT
The parties involve are A, as the accused and B, as the victim. Then, the issue here is
whether B can be held liable for offence of theft as defined under Section 378 of the Penal Code and
punishable under Section 379 of the same code for stealing B’s book.
LAW PRINCIPLE
Section 378 of Penal Code states that whoever, intending to take dishonestly any movable
property out of possession of any person without that person’s consent, moves that property in
order to such taking, is said to commit theft.
In order to constitute the offence of theft, there are five elements must be fulfilled. Firstly,
there must be an intention to take dishonestly. The word ‘dishonest’ is defined in section 24 of the
Penal Code as whoever does anything with the intention of causing wrongful gain to one person or
wrongful loss to another man, irrespective of whether the act causes actual wrongful loss or gain, is
said to do that thing ‘dishonestly’. Then, under section 23, wrongful gain is gain by unlawful means
of property to which the person gaining is not legally entitled. Meanwhile, wrongful loss is the loss by
unlawful means of property to which the person losing it is legally entitled. Therefore, dishonest
requires intention to cause wrongful loss or wrongful gain at the time of moving property.
Then, in the case of Munandu v PP, the accused had pleaded guilty to theft of a bicycle.
Although he pleaded guilty, he claimed that he was drunk at the time of the incident and took the
bicycle by mistake thinking it was his. It was held that if the accused really in good faith and believing
that he bicycle to be his property, he had taken it out of possession, then he did not take dishonestly
and therefore did not commit theft.
However, taking of property as a security for a debt was held to be theft in the case of PP v
Ramiah. In this case, the 3 accused were charged for a house breaking and theft for removing a
trunk which was in possession of the victim. The trunk with its contents was found several days later
in the possession of one of the accused. The accused argued that the victim owed him money and
the trunk was removed because it was for the purpose of security for the victim to pay the debt. The
court then convicted them for theft.
The second element that must be satisfied in order to constitute an offence of theft is the
property must be movable. Movable is defined in section 22 of Penal Code as to include physical
property of every description other than land.
The third element that must be fulfilled is the property should be taken out of possession of
another person. In the case of Sri Churn Chungo, the court held that whoever moves property in
order to take it with the intention of keeping the person is entitled to the possession of it out of the
possession of it by unlawful means, though he does not intend to deprive him permanently of it, is
said to commit theft.
The next element is that the property is taken without consent of the person. Explanation 5
of section 378 states that the consent may be express or implied and may be given either by the
person in possession or by any person having that purpose authority either express or implied.
STATE ILLUSTRATION (m) OF SECTION 378
2. The last element is there must be a removal of property. The property must be moved or
taken out of possession. It is sufficient that the person, who has formed such dishonest intention,
moves that property in order to such taking. Explanation 2 of section 378 of PC states that a moving,
effected by the same act which effect the severance, may be theft. In the case of Raja Mohamed v
R, the appellant – chemical mixer- removed 2 dozen glasses – from store on ground floor – 2 nd floor
– no evidence of removed out of victim’s possession – but had dishonest intention – moves the
property – in order to move the property out of possession of the company.
APPLICATION
CONCLUSION
In conclusion, A may be held liable for theft under Section 378 of the Penal Code and
punishable under Section 379 of the same code for stealing B’s book.