Definition of Theft under Section 378 of IPC | Legal Reasoning for CLAT PDF Download

Definition of Theft

“ Whoever intending to take dishonestly any moveable property out of the possession of any person without that person’s consent, moves that property in order to such taking is said to commit theft.”

Ingredients of Definition

1.         There must be a dishonest intention of a person to take the property.

2.         Removal of movable property.

3.         Such movable property must be taken away.

4.         The property must be taken away from the possession of a person. In other words, there must be a possession of that property.

5.         Such property must be taken away without the consent of such a person.

Dishonest Intention

It is also called malafide intention which can be represented in the form of mensrea. This mensrea is the base of the theft. The petitioner must prove that a thing was taken away with dishonest intention.

However, the intention is a mental element that is difficult to prove but circumstantial evidence is considered for this purpose.  The main measurement of dishonest intention is to make a wrongful loss to another person then such an act is considered to be done with dishonest intention.

Movable Property

The subject of the theft is movable property. Immovable property cannot be stolen. Movable property is a property that is able to move easily or which is not immovable. It means the thing permanently attached to the earth is immovable property, and is not the subject of theft. It becomes capable of being the subject of theft when it is severed from the earth.

Be taken away out of Possession of another Person

The property must be in the possession of another person from where it is removed. There is no theft of wild animals, birds, or fish while at a large but there is a theft of tamed animals.

Illustration

‘A’ finds a ring lying on the road which was in the possession of any person.  A by taking it commits no theft, though he may commit criminal misappropriation of property.

It Should Be Taken Without Consent of that Person

The consent may be express or implied and may be given either by the person in possession or by any person having for that purpose express or implied authority.

Illustration No. 1

‘A’ being on friendly terms with Z, goes into Z’s library in Z’s absence, and takes away a book without Z’s express consent for the purpose of merely reading it (with the intention of returning it)Here it is probable that A may have conceived that he had Z’s implied consent to use Z’s book. If this was A’s impression, A has not committed theft.

Illustration No. 2

‘A’ asks charity from Z’s wife, she gives A money, food and clothes, which A knows to belong to Z, her husband. Here it is probable that A may conceive that Z’s wife is authorised to give away alms. If this was A’s impression. A has not committed theft.

Illustration No. 3 

‘A’ is the paramour of Z’s wife and she gives A, the valuable property, which  A knows belongs to her husband Z, although she has no authority from Z to give the same. If he takes the property dishonestly, he commits theft.

Illustration No. 4

A sees a ring belonging to Z lying on the table in Z’s house. A hides the ring in a place where it is highly improbable that it will ever be found by Z, with the intention of taking the ring from the hiding place and selling it when the loss is forgotten. Here A at the time of first moving the rings commits theft. 

Punishment for the offence of Theft

The punishment for committing theft in the Indian Penal Code under section 379 for offence of theft is imprisonment which may extend to three years or with a fine or both.