Crimes Against Property under Indian Penal Code | Criminal Law for Judiciary Exams PDF Download

Introduction

• Ownership of property, whether movable or immovable, holds substantial importance in contemporary society. The concept of property is closely tied to criminal law, with offenses against both types of property carrying punishable consequences under the Indian Penal Code, 1860 (IPC).
• Chapter XVII of the IPC, spanning Sections 378 to 460, delineates offenses against property, classifying and defining them. The IPC outlines ten main offenses categorized under crimes against property. These include theft, extortion, robbery, and dacoity, criminal misappropriation of property, criminal breach of trust, receiving stolen property, cheating, fraudulent deed and disposition of property, mischief, and criminal trespass. Each offense comes with specific legal provisions and punishments as part of the comprehensive legal framework addressing crimes related to property in India.

Theft

Definition of Theft (Section 378):

• Dishonest Intent
• Taking of Movable Property
• Out of Possession of Another Person
• Without Such Person's Consent
• Moving the Property in Order to Take It Away

Illustrative Examples:

A and B Example:

• A takes B's book, mistaking it for his own, which does not constitute theft as it lacks dishonest intent.
• A takes a ring from B's house without consent, which constitutes theft.

Additional Explanations:

• Property Attached to Earth
• Definition of Moving a Thing
• Movement of Animals
• Consent in Theft

This HTML structure provides a detailed and paraphrased explanation of the categories of offences against property under the Indian Penal Code, focusing on theft with its definition, essential elements, and illustrative examples. The information is presented in a well-organized and easy-to-understand format. 

Aggravated Forms of Theft

• Theft in any building, tent, or vessel used as a human dwelling or for property custody is covered under Section 380.
• Theft by a clerk or servant of property in the possession of the master falls under Section 381.
• Theft after making preparations for causing death, hurt, restraint, or fear of death to any person in order to commit theft, effect escape afterward, or by retaining the property taken by such theft is governed by Section 382.

Punishment for Theft (Section 379)

Section 379 outlines the penalties for theft. It specifies that "Whoever commits theft shall be punished with imprisonment of either description for a term up to three years, or with a fine, or with both."

Extortion

• Extortion, as per Section 383, involves intentionally threatening a person to induce them to give property or valuable items to someone else under fear of injury.
• Illustration Examples:
  • A threatens to harm Z's son unless Z surrenders his property to A, leading Z to transfer his property to A. This act constitutes extortion.
  • A coerces Z to give him money by threatening to publish defamatory content about Z. This action by A is also considered extortion.

Difference between Theft and Extortion

The difference between theft and extortion can be summarised as:

Punishment for extortion is outlined in Section 384 as "Whoever commits extortion shall be punished with imprisonment for a term up to three years, or with a fine, or both."

Essentials of Extortion

• Puts any person in fear of injury.
• Dishonest inducement.
• Delivery of property or valuable security by the person put in fear to any person.

Aggravated Forms of Extortion:

• Sec. 386: Extortion by putting a person in fear of death or grievous hurt (Sec. 387 deals with attempts).
• Sec. 388: Extortion by threat of accusing someone of an offense punishable with death or life imprisonment.
• Sec. 389: Putting a person in fear of accusation of an offense to commit extortion.

Robbery

• Robbery, as defined in Section 390, is an aggravated form of theft or extortion, or a combination of both.
• In all robbery cases, there is either theft or extortion involved.

Robbery Involving Theft

• Theft is considered robbery when, in the process of committing theft or carrying away stolen property, the offender causes or attempts to cause harm, wrongful restraint, or fear of harm to another individual.
• Example: A holds Z down and takes Z's money and jewels without consent, thereby committing theft and causing wrongful restraint to Z, resulting in robbery.

Robbery Involving Extortion

• Extortion becomes robbery when, during the act of extortion, the offender is present with the victim and induces fear of immediate harm, leading to the surrender of the extorted item.
• Example: A meets Z on the road, brandishes a weapon, and demands Z's purse under threat of harm, resulting in robbery through extortion.
• Example: A coerces Z into giving money by claiming that A's gang has Z's child and will harm the child unless money is paid, which constitutes extortion unless fear of the child's immediate death is induced.

Essence of Robbery

• The core aspect of robbery is the presence of imminent fear or violence, involving threats of death, harm, or wrongful confinement while committing theft.

Punishment for Robbery

• Robbery is punishable by imprisonment for ten years along with a fine. Attempted robbery carries a sentence of seven years and a fine.
• Under Section 392, if robbery occurs on a highway between sunrise and sunset, the punishment is imprisonment for 14 years.

Dacoity

• Definition of Dacoity: Dacoity is when five or more individuals jointly engage in or attempt to commit robbery. It also includes those present and assisting in the crime.
• Conjoint Action: The term "conjointly" signifies the united or concerted effort of the involved individuals who must share the common intention of committing robbery.
• Dacoity with Murder: If a murder occurs during a dacoity, all participants are held responsible for the murder. This includes counting individuals who were present and aiding the crime.
• Punishment for Dacoity: According to Section 395, the punishment for dacoity includes imprisonment for life or rigorous imprisonment for up to ten years, along with a fine.

Criminal Breach of Trust

• Definition of Criminal Breach of Trust:
  • Explanation: Criminal Breach of Trust, as per Section 405, occurs when someone dishonestly misappropriates or converts property they are entrusted with, or violates any legal direction regarding the use of that property.
  • Example: If an employee entrusted with company funds uses them for personal expenses, it constitutes a Criminal Breach of Trust.
• Punishment for Criminal Breach of Trust:
  • Legal Consequence: Section 406 outlines the punishment for this offense as imprisonment for up to three years, a fine, or both.
  • Example: If a trustee unlawfully sells assets from a trust fund, they may face imprisonment or a monetary penalty.

Cheating

• Cheating is a commonly known offense against property, addressed in the Indian Penal Code (IPC) sections 412-423.
• Section 416 of the IPC specifically defines 'cheating by impersonation,' which incurs punishment under section 419.
• When an individual engages in cheating, they deceive others for personal gain, typically involving dishonesty or fraud.
• Examples of cheating include a student using unauthorized materials during an exam, or a person providing false information to secure financial benefits.
• Cheating undermines trust and fairness in various contexts, such as academic institutions, professional settings, and interpersonal relationships.
• Understanding the legal implications of cheating is crucial to maintain ethical conduct and uphold integrity in society.