Section: Pakistan Penal Codes ACT 1860

Question About: theft and Criminal Misappropriation

What is the difference between theft and Criminal Misappropriation.

Answer
Following is difference between theft and criminal misappropriation.

Theft

(1)The object of the offender is To take property from another Person’s possession, and the Offence is complete as soon as The offender has moved the property dishonestly.
(2) The moving of property itself Is an offence.
(3) The moving of propert y takes Place without the consent of the owner.
(4) The dishonest intention precedes the act of taking.

Criminal Misappropriation

(1) The offender is already in possession is not punishable either because he has lawfully obtained it, or because he has found it or is a joint owner of it has acquired it under some mistaken notion.
(2) The moving of property may be perfectly lawful, it is The subsequent intention dishonestly misappropriate Convert it to his own use that an offence.
(3) The possession may even be with the consent of the Owner e.g. he may be joint owner.
(4) It is the subsequent intention to misappropriate or Convert to his own use that constitutes the offence.
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