Offences against Property – Part 1

As we know that a property can be divided into two parts; movable property and immovable property. Any offences committed related to the property whether movable or immovable will be punishable under the provisions of Indian Penal Code, 1860.

1. THEFT:-

Sec 378 of IPC defines theft as: Whoever, intending to take dishonestly any movable property out of the possession of any person without that person’s consent, moves that property in order to such taking, is said to commit theft.

Eg: A cuts down a tree on Z’s ground, with the intention of dishonestly taking the tree out of Z’s possession without Z’s consent. Here, as soon as A has severed the tree in order to such taking, he has committed theft. Ingredients of Theft:

  • There must be dishonest intention to take the property.
  • The property must be movable.
  • It should be taken out of the possession of another person.
  • It should be taken without the consent of that person.
  • There must be some moving of the property in order to take it.

2. EXTORTION:-

Sec 383 of IPC defines extortion as: Whoever intentionally puts any person in fear of any injury to that person, or to any other, and thereby dishonestly induces the person so put in fear to deliver to any person any property, or valuable security or anything signed or sealed which may be converted into a valuable security, commits “extortion”.

Eg: A threatens to publish a defamatory libel concerning Z unless Z gives him money. He thus induces Z to give him money. A has committed extortion. Ingredients of Extortion:

  1. Intentionally puts any person in fear of injury. The factor of fear of injury shows that the consent of victim is not free consent
  2. Dishonestly induces a person who is put in fear to deliver property. Dishonest inducement means that a person would not have agreed to give his property which causes him a wrongful loss.

Punishment for Extortion: Sec 384 provides punishment for extortion which states that whoever commits extortion shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

3. ROBBERY:-

Sec 390 states that in all robbery there is either theft or extortion.

When theft is robbery.—Theft is “robbery” if, in order to the committing of the theft, or in committing the theft, or in carrying away or attempting to carry away property obtained by the theft, the offender, for that end voluntarily causes or attempts to cause to any person death or hurt or wrongful restraint, or fear of instant death or of instant hurt, or of instant wrongful restraint.

Eg: A holds Z down, and fraudulently takes Z’s money and jewels from Z’s clothes, without Z’s consent. Here A has committed theft, and, in order to the committing of that theft, has voluntarily caused wrongful restraint to Z. A has therefore committed robbery. Ingredients:-

  • It states that in order to commit theft or committing theft or carrying away or attempt to carry away property obtained by theft.
  • If a person voluntarily causes or attempts to cause;
  • Death, hurt or wrongful restraint or
  • Fear of instant death or of instant hurt, or of instant wrongful restraint.

When Extortion is robbery.—Extortion is “robbery” if the offender, at the time of committing the extortion, is in the presence of the person put in fear, and commits the extortion by putting that person in fear of instant death, of instant hurt, or of instant wrongful restraint to that person or to some other person, and, by so putting in fear, induces the person so put in fear then and there to deliver up the thing extorted.

Eg: A meets Z on the high road, shows a pistol, and demands Z’s purse. Z, in consequence, surrenders his purse. Here A has extorted the purse from Z by putting him in fear of instant hurt, and being at the time of committing the extortion in his presence. A has therefore committed robbery. Ingredients:-

  • The accused at the time of committing extortion is in the immediate presence of victim.
  • Puts the victim in fear of instant death, or of instant hurt or of instant wrongful restraint. (Such fear can be to he person or some other person)
  • Out of this fear there is delivery of property.

Punishment for Robbery.— (Sec 392)

Whoever commits robbery shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine; and, if the robbery be committed on the highway between sunset and sunrise, the imprisonment may be extended to fourteen years.

4. DACOITY:-

Sec 391 defines dacoity as:  When five or more persons conjointly commit or attempt to commit a robbery, or where the whole number of persons conjointly committing or attempting to commit a robbery, and persons present and aiding such commission or attempt, amount to five or more, every person so committing, attempting or aiding, is said to commit “dacoity”.

:- Ingredients of dacoity:

  • Five or more person must act in association.
  • Such act must be robbery or attempt to commit robbery.
  • The five person must consist of those who themselves commit or attempt to commit robbery or those who are present and aid the principal actors in the commission of such robbery.

:- Punishment for dacoity: (Sec 395)

Whoever commits dacoity shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

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