Test: Offences Against Property - CLAT PG MCQ

Mischief is defined as the act of causing destruction of property knowing that it is likely to cause wrongful loss or damage to the public or any individual. The focus is on the act of destruction and the knowledge of its potential impact, rather than the intent to cause harm.

Dacoity is defined as robbery committed by five or more individuals. This distinction highlights the organized and often more violent nature of dacoity compared to individual acts of robbery.

Dishonest misappropriation involves using property in a way that violates the owner's rights. This means that the person takes or uses the property knowing it does not belong to them, which is key to establishing this offense.

Robbery involves using force or the threat of force to take property from someone. In this case, threatening another person with physical harm to obtain their wallet clearly meets the criteria for robbery, which includes both theft and intimidation.

While unauthorized entry and the intent to commit an offense are crucial to establishing criminal trespass, causing damage to the property is not a necessary element. Criminal trespass focuses more on the act of entering without permission rather than causing damage.

According to Section 380 of the IPC, the punishment for theft can include imprisonment of up to three years, a fine, or both. This reflects the seriousness of the offense while allowing for some flexibility in sentencing.

Theft is defined specifically as taking movable property out of someone's possession without their consent and with dishonest intent. This definition emphasizes the importance of both the nature of the property (movable) and the intent behind the action (dishonest).

To establish extortion, it must be proven that the accused intentionally instilled fear of injury in the victim or another person, leading to the delivery of property. This element of inducing fear is crucial in differentiating extortion from other property crimes.

For an act to be classified as theft, the core requirement is that the property involved must be movable and taken from another person's possession without their consent. If the property is immovable, such as land or a building, it does not qualify as theft until it is severed from the earth. This distinction is crucial, as the essence of theft lies in the unauthorized removal of movable property with dishonest intent.

Extortion is characterized by intentionally instilling fear in another person to dishonestly induce them to deliver property or valuables. This fear must be genuine and aimed at causing wrongful gain to the extortionist while resulting in wrongful loss to the victim. The act of extortion relies heavily on the psychological manipulation of the victim, differentiating it from theft, which does not necessarily involve fear.