Section: Pakistan Penal Codes ACT 1860

Question About: Difference between Theft and Criminal misappropriation

What is the difference between Theft and Criminal misappropriation?

Answer
Following is the 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 properly itself is an offence.
(3) The moving of property 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 of the property and his possession is not punishable either because he has lawfully obtained it, or because he has found it or is a joint owner of it or has acquired it under some mistaken notion
(2) The moving of property may he perfectly lawful; it is the subsequent intention to dishonestly misappropriate or convert it to his own use that is an offence
(3) The possession may even be with the consent of the owner, e.g., he may be a joint owner
(4) It is the subsequent intention to misappropriate or convert to his own use that constitutes the offence. v>
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