With an intention of stealing.
Explanation & Origin
Legal maxim and Latin
Latin maxims developed in the Medieval era in European countries that used Latin as their language for law and courts.
Animo furandi is a Latin term which means the ‘intention to steal.’
In order to constitute a crime of larceny, the thief must take the property animo furandi.
When the taking of property is lawful, although it may afterwards be converted animo furandi to the taker’s use, it is not larceny, but may be conversion if retained unlawfully.
A , a servant of B receives the rents of B and animo furandi carries it away , this is not felony at common law , because A had it by delivery ; nor by the statute , because he had it not by the delivery of his master.
Emperor vs John Mciver [AIR 1936 Mad 353]
In this case it was held that : where a man having the animo furandi obtains in pursuance thereof possession of goods by some trick, the owner not intending to part with his entire property but only the temporary possession of it, this is such a taking as to constitute a felony.
Central National Bank Ltd vs United Industrial Bank Ltd [1954 AIR 181]
In this case “the offence of larceny by trick, according to the English law, can be committed in two ways: first, where the owner of goods, being induced thereto by trick, voluntarily parts with the possession of goods in favour of the accused but does not intend to pass property therein and the recipient has the animo furandi. The position under the Indian law is the same in accordance with the principles explained above.
This case laid down that the animo furandi , that is an intention to take from another for purposes of saving labour, is one of the important ingredients to be found against a person before the can be damnified.
Pappu vs Damodaran And others [1968 CriLJ 625]
It was held that the poacher could not be convicted of robbery if he thought the articles his Robbery involves a larceny and there was no animo furandi if there was a claim of right.
Edited by Vigneshwar Ramasubramania
Approved & Published – Sakshi Raje