CLAT PG Exam > CLAT PG Notes > Criminal Law > Cheat Sheet: Offences Against Property
Cheat Sheet: Offences Against Property
1. Theft (Section 378 IPC)
1.1 Definition and Essential Ingredients
| Element | Description |
|---|---|
| Dishonest intention | Must have intention to cause wrongful gain or wrongful loss at the time of taking |
| Movable property | Property must be capable of being moved; immovable property cannot be stolen |
| Out of possession | Taking property out of possession of another person without consent |
| Without consent | Taking must be without consent of the person in possession |
1.2 Key Principles
- Moving with dishonest intention: Mere removal is insufficient; dishonest intention is essential
- Consent vitiated by fear or misconception negates theft
- Ownership is irrelevant; possession is key (can steal one's own property from another's possession)
- Punishment: Imprisonment up to 3 years or fine or both
2. Extortion (Section 383 IPC)
2.1 Definition and Essential Ingredients
| Element | Description |
|---|---|
| Intentional inducement | Accused must intentionally put person in fear of injury |
| Fear of injury | Fear of injury to person, reputation, or property of victim or another |
| Delivery of property | Dishonestly inducing delivery of property or valuable security |
| Consent obtained | Consent to making/altering valuable security or anything signed/sealed |
2.2 Distinction from Theft and Robbery
- Extortion: Property delivered by victim with consent (though vitiated by fear)
- Theft: Property taken without consent
- Robbery: Theft with violence or threat of immediate violence
- Punishment: Imprisonment up to 3 years or fine or both
3. Robbery (Section 390 IPC)
3.1 Definition
| Type | Conditions |
|---|---|
| Theft + Violence | Theft is robbery if voluntary causing or attempting to cause death/hurt/wrongful restraint OR putting person in fear of death/hurt/wrongful restraint to commit theft or carry away stolen property |
| Extortion + Violence | Extortion is robbery when offender at time of committing extortion is in presence of victim and commits extortion by putting person in fear of instant death/hurt/wrongful restraint |
3.2 Key Features
- Either theft or extortion with aggravation of violence/fear
- Fear must be of instant injury (immediate threat)
- Violence can be to person or property
- Punishment: Rigorous imprisonment up to 10 years and fine (Section 392)
- Robbery on highway between sunset and sunrise: Imprisonment up to 14 years (Section 392)
4. Dacoity (Section 391 IPC)
4.1 Definition and Distinction
| Aspect | Details |
|---|---|
| Number of persons | 5 or more persons conjointly committing or attempting robbery |
| Common intention | All persons must act with common intention |
| Distinction from robbery | Dacoity requires 5+ persons; robbery can be by any number |
| Punishment (Section 395) | Imprisonment for life or rigorous imprisonment up to 10 years and fine |
4.2 Aggravated Forms
- Dacoity with murder (Section 396): Death penalty or imprisonment for life and fine
- Robbery/dacoity with attempt to cause death/grievous hurt (Section 397): Rigorous imprisonment up to 10 years and fine
- Robbery/dacoity with deadly weapon (Section 398): Rigorous imprisonment minimum 7 years
- Preparation to commit dacoity (Section 399): Rigorous imprisonment up to 10 years and fine
- Belonging to gang of dacoits (Section 400): Imprisonment for life or rigorous imprisonment up to 10 years and fine
5. Criminal Misappropriation (Section 403 IPC)
5.1 Essential Ingredients
| Element | Description |
|---|---|
| Dishonest misappropriation | Dishonest use or disposal of property |
| Movable property | Property must be movable |
| Lawful possession initially | Property came into possession lawfully (not taken dishonestly) |
| Conversion to own use | Property converted to one's own use or disposed of in violation of legal direction |
5.2 Key Principles
- Initial possession must be lawful (distinguishes from theft)
- Dishonest intention arises after possession obtained
- No specific owner needed; property may be of unknown owner
- Punishment: Imprisonment up to 2 years or fine or both
- Misappropriation of property of deceased (Section 404): Imprisonment up to 3 years and fine
6. Criminal Breach of Trust (Section 405 IPC)
6.1 Essential Ingredients
| Element | Description |
|---|---|
| Entrustment | Property entrusted to accused or accused has dominion over property |
| Fiduciary capacity | Property held in capacity of trustee, agent, employee, merchant, etc. |
| Dishonest act | Dishonest misappropriation, conversion to own use, disposal, or use in violation of legal direction/contract |
| Breach of trust | Act violates trust reposed in the person |
6.2 Punishment (Section 406)
- General breach of trust: Imprisonment up to 3 years or fine or both
- By carrier, clerk or servant (Section 407): Imprisonment up to 7 years and fine
- By public servant, banker, merchant, agent (Section 408): Imprisonment up to 10 years and fine
6.3 Distinction from Criminal Misappropriation
| Criminal Breach of Trust | Criminal Misappropriation |
|---|---|
| Property entrusted in fiduciary capacity | Property comes into possession by finding, accident, mistake, etc. |
| Relationship of trust exists | No such relationship exists |
| Higher punishment | Lower punishment |
7. Receiving Stolen Property (Section 411 IPC)
7.1 Essential Ingredients
| Element | Description |
|---|---|
| Property stolen | Property must have been stolen or obtained by extortion/robbery/dacoity/criminal misappropriation/breach of trust |
| Receiving or retaining | Accused receives or retains such property |
| Knowledge or reason to believe | Accused knows or has reason to believe property is stolen |
| Dishonest intention | Act done dishonestly |
7.2 Key Principles and Punishment
- Actual commission of theft/robbery need not be proved; only that property was stolen
- Knowledge may be actual or constructive (reason to believe)
- Property must retain character of stolen property at time of receipt
- Punishment: Imprisonment up to 3 years or fine or both
- If stolen property is from dwelling house (Section 411): Imprisonment up to 3 years or fine or both
- Habitually dealing in stolen property (Section 413): Imprisonment for life or imprisonment up to 10 years and fine
- Assisting in concealment of stolen property (Section 414): Imprisonment up to 3 years or fine or both
8. Cheating (Section 415 IPC)
8.1 Definition and Forms
| Form of Cheating | Description |
|---|---|
| Fraudulent deception | Deceiving any person fraudulently or dishonestly inducing delivery of property or consent to retain property |
| Intentional inducement | Intentionally inducing person deceived to do/omit to do anything which causes damage/harm |
| Deception by personation | Fraudulent or dishonest deception by pretending to be another person |
8.2 Essential Ingredients
- Deception: False representation made deliberately
- Inducement: Person deceived induced to deliver property or give consent
- Mens rea: Fraudulent or dishonest intention from the beginning
- Delivery or action: Victim delivers property or does/omits act causing harm
8.3 Punishment and Specific Provisions
- General cheating (Section 417): Imprisonment up to 1 year or fine or both
- Cheating with knowledge that wrongful loss may ensue (Section 418): Imprisonment up to 3 years or fine or both
- Cheating by personation (Section 419): Imprisonment up to 3 years or fine or both
- Cheating and delivery of property (Section 420): Imprisonment up to 7 years and fine
- Dishonest or fraudulent removal/concealment of property to prevent distribution among creditors (Section 421): Imprisonment up to 2 years or fine or both
9. Fraudulent Deeds and Dispositions (Sections 421-424)
9.1 Key Offences
| Section | Offence |
|---|---|
| 421 | Dishonest/fraudulent removal or concealment of property to prevent distribution among creditors; imprisonment up to 2 years or fine or both |
| 422 | Dishonestly/fraudulently preventing debt/demand due to self from being available for creditors; imprisonment up to 1 year or fine or both |
| 423 | Dishonest/fraudulent execution of deed of transfer containing false statement of consideration; imprisonment up to 2 years or fine or both |
| 424 | Dishonest/fraudulent removal or concealment of property; imprisonment up to 2 years or fine or both |
10. Mischief (Section 425 IPC)
10.1 Definition and Essential Ingredients
| Element | Description |
|---|---|
| Wrongful act | Causing destruction, damage, or change to property or diminution of value/utility |
| Intent or knowledge | With intention or knowledge of causing wrongful loss or damage |
| Property affected | Any property, movable or immovable |
10.2 Forms of Wrongful Act
- Destruction of property
- Damage to property
- Change in property that diminishes value or utility
- Change that affects it injuriously
10.3 Punishment Provisions
| Section | Type of Mischief and Punishment |
|---|---|
| 426 | General mischief: Imprisonment up to 3 months or fine or both |
| 427 | Mischief causing damage of Rs. 50 or more: Imprisonment up to 2 years or fine or both |
| 428 | Mischief by killing/maiming animal worth Rs. 10 or more: Imprisonment up to 2 years or fine or both |
| 429 | Mischief by killing/maiming cattle or animal worth Rs. 50: Imprisonment up to 5 years or fine or both |
| 430 | Mischief by injury to irrigation works: Imprisonment up to 5 years or fine or both |
| 431 | Mischief by injury to public road, bridge, river, or channel: Imprisonment up to 5 years or fine or both |
| 432 | Mischief by causing inundation/obstruction to public drainage: Imprisonment up to 5 years or fine or both |
| 433 | Mischief by destroying/moving/rendering less useful lighthouse/seamark: Imprisonment up to 7 years or fine or both |
| 434 | Mischief by destroying/moving landmark fixed by public authority: Imprisonment up to 1 year or fine or both |
| 435 | Mischief by fire/explosive substance: Imprisonment up to 7 years and fine |
| 436 | Mischief by fire/explosive substance to building used as dwelling or for custody of property: Imprisonment for life or imprisonment up to 10 years and fine |
| 437 | Mischief to decked vessel or one of 20 tons burden: Imprisonment up to 10 years and fine |
| 438 | Mischief with intent to destroy or make unsafe vehicle used for transportation: Imprisonment up to 10 years and fine |
11. Criminal Trespass and House-Breaking (Sections 441-460)
11.1 Criminal Trespass (Section 441)
| Element | Description |
|---|---|
| Entry/remaining | Entering or remaining in property in possession of another |
| Intent | With intent to commit offence, intimidate/insult/annoy person in possession, or after unlawful entry to intimidate/insult/annoy or commit offence |
| Absence of permission | Entry without permission or remaining after permission withdrawn |
- Punishment (Section 447): Imprisonment up to 3 months or fine up to Rs. 500 or both
- House-trespass (Section 442): Criminal trespass into building, tent, or vessel used as dwelling or for custody of property
- Punishment for house-trespass (Section 448): Imprisonment up to 1 year or fine up to Rs. 1000 or both
11.2 House-Breaking and House-Breaking by Night
| Concept | Definition |
|---|---|
| House-breaking (Section 445) | Entry into or exit from house or building through passage made by force, or through non-existent passage, or by opening locked fastening, or by climbing/descending |
| Lurking house-trespass (Section 443) | House-trespass with precautions to conceal trespass from occupant or person entitled to exclude/eject |
| Lurking house-trespass by night (Section 444) | Lurking house-trespass committed after sunset and before sunrise |
11.3 Punishment Provisions
- House-trespass to commit offence punishable with death (Section 449): Imprisonment for life or rigorous imprisonment up to 10 years and fine
- House-trespass to commit offence punishable with life imprisonment (Section 450): Imprisonment up to 10 years and fine
- House-trespass to commit offence punishable with imprisonment (Section 451): Imprisonment up to 2 years and fine
- House-trespass after preparation for hurt, assault, wrongful restraint (Section 452): Imprisonment up to 7 years and fine
- Punishment for lurking house-trespass or house-breaking (Section 453): Imprisonment up to 2 years and fine
- Lurking house-trespass/house-breaking to commit offence punishable with imprisonment (Section 454): Imprisonment up to 3 years and fine
- Lurking house-trespass/house-breaking after preparation for hurt, assault, wrongful restraint (Section 455): Imprisonment up to 10 years and fine
- Lurking house-trespass/house-breaking by night (Section 456): Imprisonment up to 3 years and fine
- Lurking house-trespass/house-breaking by night to commit offence punishable with imprisonment (Section 457): Imprisonment up to 14 years and fine
- Lurking house-trespass/house-breaking by night after preparation for hurt, assault, wrongful restraint (Section 458): Imprisonment up to 14 years and fine
- Grievous hurt caused while committing lurking house-trespass/house-breaking (Section 459): Imprisonment for life or imprisonment up to 10 years and fine
- Death caused while committing lurking house-trespass/house-breaking (Section 460): Imprisonment for life or rigorous imprisonment up to 10 years and fine
12. Important Distinctions
12.1 Theft vs. Extortion vs. Robbery
| Theft | Extortion |
|---|---|
| Property taken without consent | Property delivered with consent (obtained through fear) |
| No consent from victim | Consent vitiated by fear of injury |
| Only movable property | Both movable and immovable property |
- Robbery = Theft/Extortion + Violence/Fear of immediate violence
- Dacoity = Robbery by 5 or more persons acting conjointly
12.2 Criminal Misappropriation vs. Criminal Breach of Trust
| Criminal Misappropriation | Criminal Breach of Trust |
|---|---|
| Property comes into possession lawfully but not through entrustment | Property entrusted in fiduciary capacity |
| No fiduciary relationship | Fiduciary relationship exists (trustee, agent, etc.) |
| Lower punishment (up to 2 years) | Higher punishment (up to 3-10 years depending on capacity) |
12.3 Cheating vs. Theft
| Cheating | Theft |
|---|---|
| Property delivered with consent (obtained by deception) | Property taken without consent |
| Deception is key element | Dishonest taking is key element |
| Victim parts with property voluntarily | No voluntary parting |
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