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32 Laws of Malaysia ACT 574<br />

“Movable property”<br />

22. The words “movable property” are intended to include corporeal<br />

property of every description, except land and things attached to<br />

the earth, or permanently fastened to anything which is attached<br />

to the earth.<br />

ILLUSTRATION<br />

Writings, relating to real or personal property or rights, are movable<br />

property.<br />

“Wrongful gain” and “wrongful loss”<br />

23. “Wrongful gain” is gain by unlawful means of property to<br />

which the person gaining is not legally entitled.<br />

“Wrongful loss” is the loss by unlawful means of property to<br />

which the person losing it is legally entitled.<br />

A person is said to gain wrongfully when such person retains<br />

wrongfully, as well as when such person acquires wrongfully. A<br />

person is said to lose wrongfully when such person is wrongfully<br />

kept out of any property, as well as when such person is wrongfully<br />

deprived of property.<br />

“Dishonestly”<br />

24. Whoever does anything with the intention of causing wrongful<br />

gain to one person, or wrongful loss to another person, irrespective<br />

of whether the act causes actual wrongful loss or gain, is said to<br />

do that thing “dishonestly”.<br />

Explanation—In relation to the offence of criminal misappropriation<br />

or criminal breach of trust it is immaterial whether there was an intention<br />

to defraud or to deceive any person.<br />

“Fraudulently”<br />

25. A person is said to do a thing fraudulently if he does that<br />

thing with intend to defraud, but not otherwise.

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