CHAPTER 23. OFFENCES AGAINST THEFT OF PROPERTY Section 320 - “Theft Defined”: Whoever, intending to take dishonestly any movable property out of the possession of any person without that person’s consent, moves that property in order to such taking, and whoever dishonestly abstracts, diverts, consumes or uses any electricity, electric current or tap water 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 effects 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 expressed 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. Illustrations – (a) (“A”) cuts down a tree on (“Z’s”) ground with the intention of dishonestly taking the tree out of (“Z’s”) possession without (“Z’s”) consent. Here, as soon as (“A”) has severed the tree in order to such taking. He has committed theft; (b) (“A”) puts a bait for dogs in his pocket and thus induces (“Z’s”) dog to follow him. Here, if (“A’s”) intention is dishonestly to take the dog out of (“Z’s”) possession without (“Z’s) consent, (“A”) has committed theft as soon as (“Z’s”) dog has begun to follow (“A”); (c) (“A”) meets a camel carrying merchandise. He drives the camel in a certain direction in order that he may dishonestly take the merchandise. As soon as the camel begins to move, (“A”) has committed theft of the merchandise; (d) (“A”), being (“Z’s”) servant dishonestly runs away with (Z”’s”) jewellery without (“Z’s”) consent. (“A”) has committed theft . 87