Section 238Part 9 — Offences Relating to Property
Property incapable of being stolen
←→ Navigate · Click subsection badges to collapse · Press ? for help
238. (1) In this Act — “property” includes money, whether in the form of cash, cheque, credit card, bank draft, money order or otherwise, and all other property, real or personal, including things in action and other intangible property.
In the case of a credit card, the interest or number comprised in the card shall constitute property.
A person cannot steal land, or things forming part of land and severed from it by themselves or under that person’s directions, except in the following cases, that is to say — Section 239 Penal Code (2026 Revision) Page 106 Revised as at 31st December, 2025 c
when that person is a trustee or a personal representative, or is authorised by power of attorney, or as a liquidator of a company, or otherwise to sell or dispose of land belonging to another, and that person appropriates the land or anything forming part of it by dealing with it in breach of the confidence reposed in that person;
when that person is not in possession of the land and appropriates anything forming part of the land by severing it or causing it to be severed, or after it has been severed; or
when, being in possession of land under a tenancy, that person appropriates the whole or part of any fixture or structure let to be used with the land.
For the purposes of subsection (3) — “land” does not include incorporeal hereditaments; and “tenancy” means a tenancy for years or any less period and includes an agreement for such a tenancy, but the person who after the end of a tenancy remains in possession is to be treated as having possession under the tenancy, and “let” shall be construed accordingly.
A person who picks flowers, fruit or foliage from a plant, shrub or tree growing wild on any land does not (although not in possession of the land) steal what that person picks, unless that person does it for reward or sale or other commercial purpose.
Wild creatures, tamed or untamed, shall be regarded as property; but a person cannot steal a wild creature not tamed nor ordinarily held in captivity, or the carcass of any such creature, unless either it has been reduced into possession by or on behalf of another person and possession of it has not been lost or abandoned, or another person is in the course of reducing it into possession.