Can Abandoned Property Be Stolen? Understanding Theft Under IPC Section 378

Moreover, the gist of the offence of theft is the taking of another's property " dishonestly ". ... Abandoned things cannot be the subject of theft; they may be taken by any one without committing an offence. ... Theft-Removal of coke from the Railway yard-Bona fide belief that it toot thrown away-Penal Code, s. 72. Abandoned things cannot be the subject of theft....

The matter was argued again before my brothers Schneider and Lyall Grant and myself. The question for decision is whether electric current is movable property within the meaning of section 20 of the Penal Code. ... The .subject of theft under that section is movable property. ... The question before the Court really is. whether electricity is corporeal property n....

-In a case of recent possession of stolen property it is necessary to look into the surrounding circumstances to see whether such possession is evidence of theft or dishonest receipt. ... It is a presumption of fact dependent on the surrounding circumstances in each case as to whether the accused is guilty of receiving stolen property or of theft, and in this case, of robbery. ... ....

2024 Supreme(BD)(SC) 8478

As such, there is no scope to declare the property as abandoned building. ... in an uncared condition due to which it was declared as abandoned property. ... As such, the property can not be taken way from these respondents claiming abandoned building. ... Hence, the Government is not entitled to include the property in the list of abandoned properties....

Autrefois convict-Conviction under ss. 2 and 3 of the Lost Property Ordinance Charge against accused of theft of same property-Accused not entitled to raise plea. ... set up that conviction by way of a plea of autrefois convict when he is charged with theft of the same property or, in the alternative, with) retaining' that property knowing or having reason to believe that it is st....

This explains his uncertainty as to whether this accused should have been charged with retaining stolen property, or under the Estate Produce Ordinance. ... The first accused, who was a teamaker on Kahawatta estate, was charged with theft of 267 lb. of tea, being property in the possession of his employer, an offence punishable under section 370 of the Penal Code. ... By way of illustration, it is said that a person ....

2025 Supreme(US)(ca11) 94

It does not say that property unclaimed for several years becomes abandoned or “presumed abandoned.” ... The parties may wish to focus on the three inquiries we noted above: (1) whether the refund was the Marons’ property—that is, whether they in fact abandoned their refund before or when it entered the State’s custody—and, if the....

On the interpretation suggested on behalf of the appellant it would appear that a theft of property worth Rs. 20 could only be punished by a fine not exceeding the same amount. ... Charles[6] I have taken the view that, when a case of " petty theft " is instituted in the Police Court, it is within the competence of the Police Magistrate to consider, under paragraph 2 of section- 28 (criminal) of the Village Communities Ordinance, No. ....

The Court held that it was not a case of theft, but not on that ground; they thought that to gain property by unlawful means meant to gain the thing used for the use of the gainer. ... A has therefore committed theft"; and they said the effect of that is that" it is theft if a person takes the property of another for the purpose of extorting from the owner, in exchange for the thing taken, something whi....

But the fact remains that the stolen property was found in the possession of the accused a week after the theft, and that he got rid of the battery to Basnaike within a few days after the theft, namely, September 18. ... Immediately after the discovery of the theft Albert did not come to work and he was arrested. ... What I have to decide first is whether a Court is entitled to draw the presumption i....

2019 0 Supreme(SC) 974

To answer this question, it is necessary to examine the basic principles underlying such a legislation, and ascertain whether those are the principles on which the Act is framed. That would be the correct position if the character of the legislation is what the respondents claim it to be, for it is only a person who has some interest in property that can complain that the impugned legislation invades that right whether it be under Article 19(l)(f) or Article 31(2), and if it is abandoned prope....

2015 0 Supreme(Cal) 245

This characteristic of movable property would have to be distinguished from intellectual property, of whose infringement can be committed by mere reproduction, without affecting possession of the property with its owner or lawful custodian. Even if we read intangible property into that definition, such property must be capable of being taken out of possession of the person who has the right to retain it in the context of Section 378 of the I.P.C. Since one of the basic ingredients of theft is ....

2014 0 Supreme(AP) 340

It is this type of ‘property’ which can be truly called ‘theft’. No one in the name of ‘property’ should be allowed to endanger the rights of others. Petitioner’s unauthorised constructions, in my opinion, belong to that category. Any acquisition of property that a particular legal order does not sanction should receive neither legal recognition nor legal protection.

2004 0 Supreme(Kar) 239

Therefore, in this case, it should be shown that in respect of the property, namely, the gold ingot, an offence has been committed. Keeping the observations in the above decisions, I will now see whether there is any perversity or illegality in the order impugned of the learned sessions Judge. The property need not be one exactly the same that has been stolen, it can be equivalent of the property converted after the theft has been committed.

Consumer

2. The only point requiring consideration is as to whether the property was lost by theft following upon an actual forcible and violent entry in the premises by person/persons committing theft. The Insurance Company had undertaken the insurance coverage for burglary and house breaking to the extent of Rs. 8 lakhs which includes the liability for Rs. 3 lakhs for raw materials and finished and/or unfinished goods.