Larceny Act, 1990
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Amendment of section 28 of Principal Act. |
2.—The Principal Act is hereby amended by the substitution for section 28 of the following section: | |
“Possession of articles. | ||
28. (1) A person who is, when not at his place of abode, in possession of any article with the intention that it be used in the course of or in connection with— | ||
(a) larceny or burglary, or | ||
(b) an offence under section 29, 30, 31 or 32 of this Act, or | ||
(c) an offence under section 112 (which deals with taking a vehicle without lawful authority) of the Road Traffic Act, 1961 , | ||
shall be guilty of felony and be liable on conviction on indictment to imprisonment for a term not exceeding 5 years or to a fine or to both. | ||
(2) A person who is, without lawful authority or reasonable excuse, in possession of any article made or adapted for use in the course of or in connection with— | ||
(a) larceny or burglary, or | ||
(b) an offence under section 29, 30, 31 or 32 of this Act, or | ||
(c) an offence under section 112 (which deals with taking a vehicle without lawful authority) of the Road Traffic Act, 1961 , | ||
shall be guilty of felony and be liable on conviction on indictment to imprisonment for a term not exceeding 5 years or to a fine or to both. | ||
(3) Where a person is convicted of an offence under this section, the court may order that any article for the possession of which he was so convicted shall be forfeited and either destroyed or disposed of in such manner as the court may determine. | ||
(4) An order under subsection (3) of this section shall not take effect until the ordinary time for instituting an appeal against the conviction or order concerned has expired or, where such an appeal is instituted, until it or any further appeal is finally decided or abandoned or the ordinary time for instituting any further appeal has expired.”. |