Clause 42

Every person who takes and drives away any motor vehicle without having either the consent of the owner thereof or other lawful authority shall be guilty of an offence under this Ordinance and shall be liable on conviction to imprisonment for a term not exceeding three months or to a fine not exceeding one thousand dollars:Provided that if the accused satisfies the court that he acted in the reasonable belief that he had lawful authority or in the reasonable belief that the owner would in the circumstances of the case have given his consent if he had been asked therefor, the accused shall not be convicted of this offence.

If on the trial of any person for the theft of a motor vehicle, the court is of opinion that the accused was not guilty of theft but was guilty of an offence under this section the court may convict the accused under this section.

Any police officer may arrest without warrant any person reasonably suspected by him of having committed or of attempting to commit an offence under this section. [40]