Offences Against Property | Criminal Law - CLAT PG PDF Download

Introduction

• Property is classified into two categories: movable property and immovable property. Offences related to either type of property are addressed under the Indian Penal Code (IPC) of 1860.
• The IPC contains specific provisions for offences concerning property, outlined in Section 378 to Section 460.

Theft under the Indian Penal Code

Theft is defined in Section 378 of the Indian Penal Code (IPC). It involves taking movable property out of someone's possession without their consent and with dishonest intent.

Key Elements of Theft

• Dishonest Intention: The person must have the intent to cause wrongful gain to one person and wrongful loss to another.
• Movable Property: The property involved must be movable. Items permanently attached to the earth are considered immovable unless severed.
• Possession: The property must be taken out of the possession of another person. Until the property is removed, no offense has occurred.
• Consent: The property must be taken without the consent of the person in possession.
• Movement: The property should be moved as part of the taking process.

1. Dishonest Intention to Take Property

• The core aspect of theft is the dishonest intention behind taking the property. If the intention is not dishonest, it does not constitute theft.
• Dishonest intention involves the aim to cause wrongful gain to one person and wrongful loss to another.
• Illustration: If A owns a necklace and B finds it in A's house, B commits theft if he dishonestly takes it, as he is taking it from A's possession without consent.

2. Property Should Be Movable

• For theft to occur, the property must be movable, meaning it is capable of being carried around.
• Property permanently attached to the earth is considered immovable and cannot be the subject of theft until it is severed from the earth.
• Illustration: A standing tree is immovable until cut down, at which point it becomes movable property.
• Case Law: Pyarelal Bhargava v. State of Rajasthan In this case, temporarily removing an office file from the chief engineer's office and giving it to a private party for a day was considered theft. The court held that theft requires permanent loss, and even temporary dispossession with the intent to restore constitutes theft.

3. The Property Must Be Taken Out of Possession of Another Person

• For theft to occur, the property must be in the possession of another person. Until the property is removed from their possession, no offense has been committed.
• Illustration: If Y finds a mobile phone belonging to X on a sofa in X's house and removes it dishonestly, Y commits theft because the phone was in X's possession.
• Case Law: Rakesh v. State of NCT of Delhi The court ruled that mere intention to take property dishonestly out of someone's possession is not an offense. The actual removal of property from another person's possession is necessary for theft to occur, as stated in Section 378 of the IPC.

4. Property Should Be Taken Without the Person's Consent

• Taking property from someone without their consent (either express or implied) constitutes theft. The offense occurs when the offender takes the property dishonestly and without the consent of the person in possession.
• Illustration: If S, a friend of R, enters R's house and steals a ring from R's table without R's consent, S has committed theft because R did not give consent.
• Case Law: K.N. Mehra v. State of Rajasthan The Supreme Court ruled that proving the intention to cause permanent deprivation of property or wrongful gain is not necessary to establish dishonest intention. The absence of consent from the property owner at the time of taking and the presence of dishonest intention are sufficient to prove theft.

5. Property Should Be Moved in Order to Such Taking

• Moving property with dishonest intent is a crucial step in committing theft. The property must be moved as part of the taking process.
• Illustration: If A goes to B's house, sees a diamond necklace on the table, and hides it with the intention of taking it later, A does not commit theft because the property has not been moved.

Punishment for Theft

• According to Section 380 of the Indian Penal Code (IPC), the punishment for theft can include:
• Imprisonment: Up to three years.
• Fine: A monetary penalty.
• Both: A combination of imprisonment and fine.

Extortion in Indian Law

Definition of Extortion

• Extortion is defined in Section 383 of the Indian Penal Code (IPC).
• It involves intentionally putting someone in fear of injury to themselves or another person, and dishonestly inducing them to deliver property or valuables.

Main Ingredients of Extortion

• Intentionally putting a person in fear of injury: The fear must be real and cause wrongful gain to one and wrongful loss to another.
• Dishonest inducement: The accused must induce the person to deliver property or valuables dishonestly while putting them in fear.

Case Law: Dhananjay v. State of Bihar

• To prove extortion, the following elements must be established:
• The accused must instill fear of injury in the victim or another person.
• The fear must be intentional and real.
• The accused must induce the victim to deliver property.
• The inducement must be dishonest.

1. Intentionally Putting a Person in Fear of Injury

• Putting a person in fear of injury involves causing wrongful gain to one and wrongful loss to another. The fear must be genuine and not fabricated.
• Actions taken under fear are considered voluntary.
• Illustration: If Y threatens to publish a defamatory article against Z in a newspaper, and Z is induced to give money to Y, then Y is committing extortion.

2. Dishonest Inducement to Deliver Property or Valuables

• To constitute extortion, there must be a dishonest inducement to deliver property or valuable security under the threat of harm.
• Delivery of property while in fear is a crucial aspect of extortion, covering both movable and immovable property.
• Illustration: If Y threatens Z to sign and deliver a promissory note under the threat of killing Z's son, Y is committing extortion.

Case Law: Gursharan Singh v. the State of Punjab

• In this case, the court emphasized that the key element of extortion is the inducement to deliver property or valuable security under fear.
• Even if the demanded amount is paid after some time, it still constitutes extortion.

Punishment for Extortion

• According to Section 384 of the IPC, the punishment for extortion can include imprisonment of up to three years, fine, or both.

Aggravated Forms of Extortion

• Section 386: Punishment for extortion involving fear of death or grievous hurt can extend to ten years of imprisonment and fines.
• Section 387: Attempted extortion with fear of death or grievous hurt, even without actual extortion, can lead to up to seven years of imprisonment and fines.
• Section 388: Extortion through threat of accusation can lead to death penalty, life imprisonment, or up to ten years of imprisonment and fines.
• Section 389: Attempted extortion through accusation threat, without actual extortion, can lead to death penalty, life imprisonment, or up to ten years of imprisonment and fines.

Robbery

According to Section 390 of the Indian Penal Code (IPC), robbery involves either theft or extortion. Black's Law Dictionary defines robbery as the felonious act of taking someone else's personal property from their person or immediate presence against their will, using force and fear, with the intention of permanently depriving the owner of the property.

When Theft is Considered Robbery

• A robbery occurs when, during the act of theft or while moving property, the offender does any of the following:
• Causes or attempts to cause death, injury, or wrongful restraint to any person.
• Instills a fear of immediate death, injury, or wrongful restraint to any person.
• The act by the offender must be in the course of committing theft or carrying away property obtained through theft.
• Illustration: If A finds jewels in B's house and takes them without B's consent while wrongfully restraining B, A commits robbery.

When Extortion is Considered Robbery

• Extortion becomes robbery when the offender:
• Puts a person in fear of immediate death, injury, or wrongful restraint during the act of extortion.
• Induces a person to deliver property by instilling fear.
• Creates fear at the time of extortion.
• Illustration: If C threatens B with a pistol on the highway and demands B's purse, C commits both extortion and robbery.

Punishment for Robbery

• Under Section 392 of the IPC, the punishment for robbery is rigorous imprisonment for up to ten years, along with a fine.
• If the robbery occurs on highways between sunset and sunrise, the punishment can extend up to fourteen years.
• For attempting to commit robbery, the punishment is rigorous imprisonment for seven years and a fine.

Dacoity

Definition: Dacoity, as defined in Section 391 of the Indian Penal Code (IPC), occurs when five or more individuals collectively commit or attempt to commit robbery. The key difference between robbery and dacoity lies in the number of offenders involved.

When a group of five or more people either attempts to commit robbery or assists in committing or attempting a robbery, it is classified as dacoity.

Case Law: Amrish Devnarayan v. the State of Gujarat

• In this case, the Hon’ble court established certain facts that must be proven to establish dacoity:
• There should be involvement of five or more persons as accused in the commission of the offence.
• The attempt to commit the offence or the commission of the offence should be conjoint.
• These facts are essential to proving dacoity in a court of law.

Punishment for Dacoity

• Section 395 of IPC: Punishment for dacoity includes life imprisonment or rigorous imprisonment which may extend to ten years, along with a fine.

Criminal Misappropriation of Property

Meaning of Misappropriation

• Misappropriation refers to the dishonest appropriation and use of another person's property for one's own use.

Dishonest Misappropriation of Property under Section 403 of IPC

• Dishonest misappropriation of movable property is punishable under Section 403 of the Indian Penal Code (IPC).
• A person who dishonestly misappropriates or converts movable property for their own use can face imprisonment for up to two years, a fine, or both.

Essential Ingredients to Commit the Offence

• Dishonest misappropriation must involve movable property.
• The property must belong to the complainant.

Illustration

• If Y takes property belonging to X out of X's possession in good faith, believing it to be his own, Y is not guilty of theft.
• However, if Y later discovers that the property does not belong to him and dishonestly appropriates it for his own use, he is guilty of dishonest misappropriation.

Case Law: Ramaswami Nadar v. The State of Maharashtra

• In this case, the Supreme Court clarified that 'converts to his own use' in Section 403 implies using the property in violation of the owner's rights.

Finder of Goods

• A person who finds goods with no dishonest intent at the time of possession does not make that possession illegal by a mere change of thought.
• A finder of goods can take possession if they have made all reasonable efforts to locate the true owner.
• If the true owner cannot be found, the finder can use the goods for themselves.

Dishonest Misappropriation of Property Possessed by a Deceased Person under Section 404 of IPC

• Dishonest misappropriation or conversion of a deceased person's property, knowing it was in the deceased's possession at the time of death, is punishable under Section 404 of the IPC.
• This applies when the property was not in the possession of any legal heir entitled to it.
• Penalties include imprisonment of up to three years, fines, or, if the offender was a servant or clerk at the time of the deceased's death, up to seven years of imprisonment.

Essential Ingredients to Commit the Offence

• The property must be movable.
• The property should be in the possession of the deceased at the time of death.
• The misappropriation must be done by the accused.
• The accused must act dishonestly.

Case Law: State of Orissa v. Bishnu Charan Muduli

• The Supreme Court held a Head Constable liable for unlawfully taking articles from a boatsman who recovered them from the body of a drowned person.
• The Head Constable was found guilty under Section 404 for dishonestly keeping the deceased person's articles in his possession.

Criminal Breach of Trust

Criminal breach of trust falls under Section 405 of the Indian Penal Code (IPC). It involves a situation where a person entrusted with property misappropriates or converts it for their own use, violating the terms of the trust.

Key Elements of Criminal Breach of Trust

• Entrustment of Property: Property must be entrusted by one person to another.
• Misappropriation or Conversion: The offender must misappropriate or convert the property for personal use.
• Violation of Trust: There should be a violation of directions or laws regarding the discharge of trust.
• Dishonest Intent: The conversion or misappropriation must be done dishonestly.

Illustration: For example, if a person entrusted with managing an inheritance fraudulently takes more than their share, they commit criminal breach of trust.

Case Law: Shiva Sagar Tiwari v. Union of India

• In this case, the Supreme Court ruled that a minister acts as a trustee of public property.
• If a minister mishandles public property, they can be charged with criminal breach of trust.

Punishment for Criminal Breach of Trust

• According to Section 406 of the IPC, the punishment for criminal breach of trust can include imprisonment for up to three years, a fine, or both.

Receiving Stolen Property

Section 410 of the Indian Penal Code (IPC) defines receiving stolen property. It states that if a person possesses property that has been transferred through theft, extortion, or robbery, and that property has been criminally misappropriated or involved in a criminal breach of trust, it will be considered stolen property. The transfer of property, misappropriation, or breach of trust can occur either within India or outside India.

If a person has lawful possession of the property, it will no longer be considered stolen property.

Essential Ingredients to Commit an Offence

• The property must be stolen property.
• It is not necessary for misappropriation or breach of trust to occur within or outside India.
• If the property comes into the possession of a legal person who is legally entitled to it, it ceases to be stolen property.

Section 411 of IPC: Dishonestly Receiving Stolen Property

Section 411 of the IPC deals with dishonestly receiving stolen property. If a person dishonestly receives or retains stolen property, knowing it to be stolen or having reason to believe it is stolen, they may face imprisonment for up to three years, a fine, or both.

Essential Ingredients to Commit an Offence

• The accused possesses stolen property.
• Another person had possession of the property before the accused.
• The property is stolen, and the accused is aware of this.

Case Law: Nagappa Dhondiba v. State

• In this case, stolen ornaments belonging to a deceased woman were recovered based on information provided by the accused.
• The ornaments were recovered within thirty days of the woman's murder.
• The court held that the accused would be liable under Section 411, not under Section 302 or Section 394, due to a lack of evidence supporting those charges.
• The accused was held liable based on the grounds of Section 411.

Cheating in Legal Terms

Meaning of Cheating

• Cheating, as per Hawkins, involves deceitful practices aimed at defrauding someone of their rightful entitlements through clever tricks, violating the basic principles of honesty.

Cheating Defined in IPC (Section 415)

• Cheating, according to Section 415 of the Indian Penal Code (IPC), occurs when someone deceives another person with fraudulent or dishonest intentions, leading them to deliver property, consent to retain property, or perform actions they wouldn't have otherwise done, causing potential harm to their body, mind, reputation, or property.

Key Elements of Cheating Offense

• Deception: Involves misleading someone into believing something false through words or actions.
• Dishonest Intention: Reflects the intent to cause wrongful loss or gain, or to harm an unascertained person or property.
• Causes Damage: Indicates harm or damage to the deceived person's mind, body, property, or reputation.

Illustration of Cheating

• For instance, if Z misrepresents fake diamonds to Y, knowing they are not real, Z is cheating Y by deception and dishonest inducement.

Cheating by Personation (Section 416 IPC)

• Cheating by personation involves deceiving someone by pretending to be another person or misrepresenting oneself as someone else.

Punishment for Cheating (Section 417 IPC)

• Guilty of cheating can face imprisonment up to one year, fines, or both.

Punishment for Cheating by Personation (Section 419 IPC)

• Cheating by personation can lead to imprisonment up to three years, fines, or both.

Cheating and Dishonestly Inducing Delivery of Property (Section 420 IPC)

• Cheating involving inducing someone to deliver property, alter, or destroy valuable security can result in imprisonment up to seven years and fines.

Case Law: Sushil Kumar Datta v. State of West Bengal

• In this case, the accused falsely claimed to be a Schedule Caste candidate in an IAS examination, leading to his selection and appointment based on false representation. The court upheld the conviction under Section 420, holding the accused liable.

Mischief

Definition of Mischief (Section 425 of IPC)

• A person commits mischief if they cause destruction of property knowing that it is likely to cause wrongful loss or damage to the public or any individual, even without the intention to cause such damage.

Essential Ingredients to Commit Mischief

• There should be intention or knowledge to cause wrongful loss to the public.
• Destruction of property is necessary.
• The destruction must diminish the value of the property, resulting in wrongful loss.

Illustration of Mischief

• If person C intentionally throws person D's necklace into the sea to cause wrongful loss to D, C commits mischief.

Case Law: Indian Oil Corporation v. NEPC India Ltd. and Ors.

• In this case, the court ruled that ownership or possession of the property is not required for establishing mischief under Section 425.
• Even if the property belongs to the accused, mischief can be committed if the essential ingredients are met.
• The respondent in this case removed engines from an aircraft, diminishing its value and causing damage to the appellant, who owned the entire aircraft.
• Investigations revealed that all elements of mischief were satisfied, and the allegations constituted the offence of mischief.

Punishment for Mischief (Section 426 of IPC)

• A person committing mischief may face imprisonment of up to three months, a fine, or both.

Aggravated Forms of Mischief (Sections 427 to 440 of IPC)

• Section 427: Deals with damage to property valued at Rs. 50 and upwards.
• Section 428 to 429: Mischief related to animals.
• Section 430 to 434: Mischief concerning supply and public works.
• Section 435 to 436: Mischief by fire.
• Section 437 to 438: Mischief regarding docked vessels.
• Section 439: Mischief related to any vessel with intent to steal.
• Section 440: Mischief with intent to cause death, hurt, wrongful restraint, or fear of such actions.

Criminal Trespass

Meaning

• Criminal trespass involves unlawfully entering someone else's private property without their permission, either explicit or implied.
• In India, while it is considered a civil wrong with compensation for damages, the Indian Penal Code (IPC) treats criminal trespass as a criminal offense under Section 441.

Section 441 of IPC: Criminal Trespass

• Criminal trespass, as per Section 441 of the IPC, refers to unlawful entry into someone else's private property with the intent to commit an offense, intimidate, annoy, or insult the person in possession of the property.
• If a person legally enters but remains unlawfully with the intention to annoy, insult, or intimidate, it constitutes criminal trespass.

Essential Ingredients of Criminal Trespass

• Unauthorized entry onto another person's property.
• Entry that was authorized but unlawful remaining on the premises.
• Unlawful stay must be intentional.

Case Law: Punjab National Bank Ltd. v. All India Punjab National Bank Employees

• The Supreme Court highlighted the distinction between knowledge and intention in this case.
• Bank employees on a pen-down strike were considered for trespassing.
• The court ruled that the strikers did not commit criminal trespass as their intention was not to annoy the bank officials.

Section 442 of IPC: House Trespass

• House trespass involves committing criminal trespass by entering or remaining in a building, vessel, tent, or any place used for human dwelling, worship, or custody of property.

Essential Ingredients of House Trespass

• All elements of criminal trespass apply.
• The property entered should be used as a human dwelling, place of worship, or property custody.

Case Law: Makkhan v. Emperor

• House-trespass is considered an aggravated form of criminal trespass.
• While criminal trespass involves intent to annoy or insult, house-trespass requires the property to be a building, not just a compound wall.

Section 447 of IPC: Punishment for Criminal Trespass

• Punishment for criminal trespass may include imprisonment for up to three months, a fine, or both.

Section 448 of IPC: Punishment for House Trespass

• House trespass can lead to imprisonment for up to one year, a fine, or both.

Aggravated Forms of Criminal Trespass and House Trespass

• Section 443, Section 455 to Section 460: Lurking House Trespass.
• Section 445, Section 453 to Section 455: Housebreaking.
• Section 446, Section 456 to Section 460: Housebreaking by night.
• Section 449: House trespass with intent to commit an offense punishable with death.
• Section 450: House trespass with intent to commit an offense punishable with life imprisonment.
• Section 451: House trespass with intent to commit an offense punishable with imprisonment

Conclusion

• Property is considered an extension of an individual's personality, serving to satisfy personal and social needs.
• The Constitution of India recognizes the Right to Property as a legal right, highlighting its importance for individual sustenance in society.
• The Indian Penal Code protects property holders by imposing punishments and fines for property-related offenses, deterring potential infringements.
• Jurisprudentially, property is seen as a means of satisfying the self in society, with anything valuable to an individual recognized as property deserving protection.
• Protection of property and related rights is essential for their positive contributions to society.