LARCENY ACT

ARRANGEMENT OF SECTIONS

   1   Short title

 

PART I
Interpretation

   2   Interpretation

   3   Definitions

   4   Offensive weapons

 

PART II
Indictable Offences

   5   Simple larceny

   6   Larceny of cattle

   7   Killing animals with intent to steal

   8   Larceny, etc, of dogs

   9   Larceny of wills

   10   Larceny of documents of title to land, etc

   11   Taking, destroying, etc, documents for a fraudulent purpose

   12   Damaging fixtures with intent to steal

   13   Praedial larceny

   14   Larceny of goods in process of manufacture

   15   Abstracting electricity

   16   Larceny, etc, of ore from mines, etc

   17   Larceny of postal articles

   18   Larceny in dwelling-houses

   19   Larceny from the person

   20   Larceny from ships, docks, etc

   21   Larceny by tenants or lodgers

   22   Larceny and embezzlement by clerks or servants

   23   Stealing or embezzlement by officer of Post Office

   24   Conversion

   25   Conversion by trustee

   26   Factors obtaining advances on the property of their principals

   27   Frauds by director, etc

   28   Fraudulently inducing persons to invest money

   29   Falsification of accounts

   30   Falsification of account books of a bank, etc

   31   Clerks, etc, making out false dividend warrants

   32   Personating the owner of stock

   33   Personation with intent to obtain land, etc

   34   Falsely acknowledging bail, etc

   35   False pretences

   36   Obtaining credit by fraud

   37   Robbery

   38   Sacrilege

   39   Burglary

   40   House-breaking and committing felony

   41   House-breaking with intent to commit felony

   42   Being found by night armed or in possession of house-breaking implements

      Exemptions

   43 to 45    inclusive [Repealed by Act 29 of 2005 s 3.]

   46   Receiving

   47   Corruptly taking a reward

 

PART III
Summary Offences

   48   Larceny, etc, of dogs, etc, punishable summarily

   49   Taking or destroying fish

   50   Taking animal without consent of owner

   51   Stealing, etc, fences, etc

   52   Offering for sale, etc, wrecked goods

   53   Praedial larceny triable summarily

   54   Advertising reward for return of stolen property

   55   Larceny under one dollar triable summarily

   56   Summary punishment for receiving

 

PART IV
General

   57   Accessories and abettors

   58   Husband and wife

   59   General deficiency

   60   Punishments

   61   Procedure

   62   Arrest without warrant

   63   Search warrants

   64   Evidence

   65   Verdict

   66   Restitution

   67   Civil liability for untrue statements

   68   Offences punishable on summary conviction

 

THE LARCENY ACT

[Date of Commencement: 15th June, 1942]

Cap 212.

Acts
42 of 1963,
7 of 1965,
1 of 1967,
39 of 1967,
9 of 1972,
17 of 1982,
11 of 2000,
29 of 2005,
4 of 2013.

1   Short title

   This Act may be cited as the Larceny Act.

PART I
Interpretation (sections 2-4)

2   Interpretation

   (1) In this Act-

   "document of title to goods" includes any bill of lading, India warrant, dock warrant, warehouse-keeper's certificate, warrant or order for the delivery or transfer of any goods or valuable thing, bought or sold note, or any other document used in the ordinary course of business as proof of the possession or control of goods, or authorising or purporting to authorise, either by endorsement or by delivery, the possessor of such document to transfer or receive any goods thereby represented or therein mentioned or referred to;

   "document of title to lands" includes any Crown grant, certificate of title, instrument, deed, map, roll, register, paper, or parchment, written or printed, or partly written and partly printed, being or containing evidence of the title or any part of the title, to any real estate or to any interest in or out of any real estate;

   "mail bag", "officer of the Post Office", "postal article", "post office", and "in course of transmission by post", have the same meanings in this Act as in the Post Office Act;

   "night" means the interval between seven o'clock in the evening and six o'clock in the morning of the next succeeding day,

   "property" includes any description of real and personal property, money, debts, and legacies, and all deeds and instruments relating to or evidencing the title or right to any property, or giving a right to recover or receive any money or goods, and also includes not only such property as has been originally in the possession or under the control of any person, but also any property into or for which it has been converted or exchanged, and anything acquired by such conversion or exchange, whether immediately or otherwise;

   "trustee" means a trustee on some express trust created by some deed, will, or instrument in writing, and includes the heir or personal representative of any such trustee, and any other person upon or to whom the duty of such trust has devolved or come, and also an executor and administrator, and an official receiver, assignee, liquidator, or other like officer acting under any enactment relating to joint stock companies or to bankruptcy;

   "valuable security" includes any writing entitling or evidencing the title of any person to any share or interest in any public stock, annuity, fund, or debt of any Commonwealth country, or of any foreign state, or in any stock, annuity, fund, or debt of any body corporate, company, or society, whether within or without any Commonwealth country, or to any deposit in any bank, and also includes any scrip, debenture, bill, note, warrant, order, or other security for payment of money or any accountable receipt, release, or discharge, or any receipt or other instrument evidencing the payment of money, or the delivery of any chattel personal, and any document of title to lands or goods as in this section defined.

   (2) "Dwelling-house" does not include a building, although within the same curtilage with any dwelling-house and occupied therewith, unless there is a communication between such building and dwelling-house, either immediate or by means of a covered and enclosed passage leading from one to the other.

3   Definitions

   For the purposes of this Act-

   (1)    a person steals who, without the consent of the owner, fraudulently and without a claim of right made in good faith, takes and carries away anything capable of being stolen with intent, at the time of such taking, permanently to deprive the owner thereof:

   Provided that a person may be guilty of stealing any such thing notwithstanding that he has lawful possession thereof, if, being a bailee or part owner thereof, he fraudulently converts it to his own use or to the use of any person other than the owner;

   (2)   (i)   "takes" includes obtaining the possession-

         (a)   by any trick;

         (b)   by intimidation;

         (c)   under a mistake on the part of the owner with knowledge on the part of the taker that possession has been so obtained;

         (d)   by finding, where at the time of the finding the finder believes that the owner may be discovered by taking reasonable steps;

         (ii)   "carries away" includes removal of anything from the place which it occupies, but, in the case of a thing attached, only if it has been completely detached;

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