Theft under Indian Penal Code (Section 378) | Criminal Law for Judiciary Exams PDF Download

What is Theft?

• Theft Definition: Theft is the act of stealing, involving the wrongful taking and removing of personal property with the intent to deprive the rightful owner of it.
• Legal Context: Section 378 to Section 460, Chapter 17 of the Indian Penal Code, 1860, defines offenses against property, including theft.

Essential Elements of Theft

• Intention: Dishonest intention is crucial for theft to occur. The person must intend to gain unlawfully from the property not rightfully theirs.
• Movable Property: Theft applies to movable property, excluding land or items permanently attached to the earth.
• Possession: Theft involves the unauthorized removal of property from someone's possession without consent.
• Consent: Theft requires taking property without the owner's express or implied consent under proper circumstances.
• Movement of Property: Dishonestly moving property out of someone's possession without their consent is a key aspect of theft.

Examples and Clarifications

• For instance, if someone takes a mobile phone belonging to another person without their permission and with the intent to keep it, it constitutes theft.
• However, if a friend borrows a book with the owner's consent and returns it later, it does not amount to theft.
• In another scenario, if a person picks up a lost wallet and decides to keep the money inside without attempting to return it to the owner, it constitutes theft due to dishonest intent.

Punishment

• Section 379: Punishment for theft - According to Section 379 of IPC, 1860, a person can face imprisonment of three years or more, a fine, or both for theft, with the possibility of reduction in suitable cases.
• Section 380: Theft in dwelling house, etc. - If theft occurs in a building, tent, or vessel used as a human dwelling or for property custody, the offender may be imprisoned for up to seven years along with a fine.
• Section 381: Theft by Clerk or Servant of property in possession of Master - A clerk or servant who steals property belonging to their employer can be imprisoned for up to seven years and fined.
• Section 382: Theft after preparations made for causing death, hurt, or restraint - Anyone committing theft after planning to cause harm or fear in order to commit theft, escape, or retain stolen property may face rigorous imprisonment for up to ten years along with a fine.

Distinction between Theft and Mischief

• Mischief under Section 425 of IPC involves causing harm without gaining anything, resulting in loss to others. On the other hand, theft causes both loss to the victim and gain of the stolen property by the thief.

Distinction between Theft, Extortion and Robbery

• Theft involves moving movable property without consent and with dishonest intent.
• Extortion, as per Section 389 of IPC, is the appropriation of property through coercion.
• In the case of Romesh Chandra Arora v State, extortion and criminal intimidation were demonstrated when the accused demanded money from X under threats.
• Robbery, defined under Section 390, is an aggravated form of theft involving causing harm to commit theft.
• Robbery occurs when a person induces fear of immediate harm to obtain property, is present during the act, and forces the victim to deliver the property.
• Theft is limited to movable property, while extortion can involve both movable and immovable property.
• Force or compulsion is absent in theft but present in extortion, where the victim is coerced with the threat of harm.