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Theft Section 378 of Indian Penal Code IPC Video Lecture | Crash Course for CLAT
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FAQs on Theft Section 378 of Indian Penal Code IPC Video Lecture - Crash Course for CLAT
| 1. What is Section 378 of the Indian Penal Code (IPC)? |  |
Ans. Section 378 of the Indian Penal Code (IPC) deals with the offense of theft. It defines theft as a person intentionally taking someone else's property without their consent and with the intention of permanently depriving them of it.
| 2. What are the elements required to prove theft under Section 378 of the IPC? | |
Ans. To establish theft under Section 378 of the IPC, the following elements need to be proven:
- Intention: The accused must have the intention to take someone else's property.
- Taking: The accused must physically take or move the property.
- Without consent: The property must be taken without the owner's consent.
- Permanently depriving: The accused must have the intention to permanently deprive the owner of their property.
| 3. What is the punishment for theft under Section 378 of the IPC? | |
Ans. The punishment for theft under Section 378 of the IPC depends on the value of the stolen property. If the value does not exceed 5 rupees, the offense is considered a petty offense and is punishable with imprisonment up to one month or a fine, or both. If the value exceeds 5 rupees, the offense is punishable with imprisonment up to three years, or a fine, or both.
| 4. Can a minor be charged with theft under Section 378 of the IPC? | |
Ans. Yes, a minor can be charged with theft under Section 378 of the IPC. However, the legal consequences for a minor are different. The Juvenile Justice Act, 2015 governs the treatment of minors involved in criminal offenses. The Act provides for rehabilitation and reformation rather than punishment. The juvenile may be sent to a special home for a specific period or subjected to other measures as deemed appropriate by the Juvenile Justice Board.
| 5. What is the difference between theft and robbery under Indian law? | |
Ans. Theft and robbery are both offenses related to unlawful taking of someone else's property, but they differ in certain aspects. While theft involves the act of taking someone's property without their consent and with the intention of permanently depriving them of it, robbery involves theft along with the use of force or threat of violence against the owner or any person present. Robbery is considered a more serious offense than theft and carries a higher punishment under the Indian Penal Code.
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Dec 22, 2024 Last updated |
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