This article has been written by Mr. Rohan Madhok, a 5th-year BBA.LLB student from Vivekananda Institute of Professional Studies, GGSIPU, New Delhi
INTRODUCTION
As per General Clauses Act 1897, property in India may be either movable or immovable. The Indian penal code 1860 provides safeguards to protect such movable or immovable properties from any kind of violation. Offences against property are among the most common criminal offences in India. These crimes involve the unlawful taking of someone else’s property or damaging or destroying someone else’s property. The Indian penal code under chapter XVII from sections 378 to 62 provides the provisions which act to conserve, protect and preserve one’s right to property. These offences may be divided into three categories, the first category include offences against property like theft, extortion, robbery, and dacoity, the second category includes offences of injury to property like mischief and finally the third category includes offences of a violation of the right to property like criminal trespass.
Documents are defined by the Indian Evidence act 1872 as any matter which may be expressed by means of figures, letters, or marks, intended to be used for the purpose of recording any matter. The Indian penal code under chapter XVIII from sections 463 to 489E deals with offenses relating to documents and property marks. Forgery is the main offence against documents.
OFFENCES AGAINST PROPERTY
Offences against property include those kinds of offences in which a person is deprived of his property illegally. The Indian penal code under chapter XVII from sections 378 to 62 provides the provisions which act to conserve, protect and preserve one’s right to property. Offences against property in India are serious crimes that carry severe legal consequences. These crimes include theft, robbery, extortion, criminal trespass, and mischief.
THEFT
Section 378 of the IPC provides that anyone who intends to dishonestly takes any movable property out of the possession of another person without his consent and does indeed moves that property is said to commit theft.
The Indian Penal Code (IPC) defines theft as the act of dishonestly taking movable property out of the possession of any person without that person’s consent with the intention of permanently depriving them of such property. Section 378 of the IPC specifically deals with the offence of theft and provides for punishment for the same.
Section 379 provides the punishment for the act of theft which is imprisonment for a term of three years with a fine. The section further provides for enhanced punishment in certain situations, such as when theft is committed by a clerk or servant of a person in respect of whom they are employed, or when the property stolen is a government document or property kept in a jail or a public office.
We can understand the offence of theft better with the help of this illustration
1) Rahul cuts down a tree on Raj’s ground with the dishonest intention to take the tree out of raj’s possession without his consent. In this case, as soon as Rahul has cut down the tree the act of theft has been committed.
It is important to note that the intention to permanently deprive the owner of the property is a crucial element in the offence of theft. If the intention is not to permanently deprive but only to use the property temporarily, then the offence may not amount to theft but to some other lesser offence.
EXTORTION
Extortion is a criminal offense under the Indian Penal Code (IPC). Section 383 to 389 of the IPC defines and punishes the offense of extortion.
Section 383 states that anyone who puts another person in fear of injury, with the intention to dishonestly induce that person to deliver any property or valuable security.
The punishment for extortion under Section 384 of the IPC is imprisonment for up to three years, with a fine, or with both.
If the extortion is accompanied by the threat of violence, Section 386 of the IPC provides for imprisonment of up to 10 years, with a fine, or with both. Additionally, if the extortion results in the death of the victim or any other person, Section 387 of the IPC provides for the death penalty or life imprisonment with a fine.
We can better understand this offence with the help of the following example
1) Riya threatens to publish a defamatory libel against Zoya unless Zoya pays her a specific amount of money. Thus we can say that Riya induced Zoya to give her money and committed extortion
It is essential to note that extortion is a severe criminal offense that is punishable under the law, and anyone found guilty of such an offense may face severe consequences.
ROBBERY AND DACOITY
Under the Indian Penal Code (IPC), robbery and dacoity are two distinct criminal offenses related to theft and violence.
Robbery is defined under Section 390 of the IPC as “theft, or extortion, or putting any person in fear of death or of hurt, in order to commit theft or to make an escape after committing theft.” In Robbery, there is robbery either through theft or extortion. In simpler terms, it means taking someone else’s property by using force or intimidation.
Section 392 provides the punishment for robbery which is imprisonment for a term of ten years and a fine and if the robbery is committed after sunset and before sunrise.
We can understand this offence better with the help of an example
1) Ramesh holds Manoj down and takes his money without his consent. In order to do this Ramesh wrongfully confines Manoj. Thus we can say that Ramesh commits Robbery.
On the other hand, dacoity is defined under Section 391 of the IPC as “when five or more persons conjointly commit or attempt to commit a robbery, or where the whole number of persons committing or attempting to commit a robbery, and persons present and aiding such commission or attempt, amount to five or more.” Thus, dacoity is an aggravated form of robbery where a group of five or more people commits or attempts to commit a robbery.
Section 395 provides the punishment for dacoity which is imprisonment for lie or rigorous imprisonment for a term that may extend to ten years and fine
Both robbery and dacoity are serious criminal offenses in India, and those convicted of these crimes can face significant prison time and other penalties.
CRIMINAL MISAPPROPRIATION
Criminal misappropriation is an offense under the Indian Penal Code (IPC) that refers to the illegal or unauthorized use of someone else’s property or assets for personal gain or benefit. The act of criminal misappropriation is defined under Section 403 of the IPC.
As per Section 403, whoever dishonestly misappropriates or converts to his own use any movable property, which he has been entrusted with or has possession of, shall be punished with imprisonment for a term which may extend to two years and a fine. Further section 404 states that any dishonest misappropriation of the property of a deceased person at the time of his death is punishable with imprisonment for three years.
For example, if a person who is entrusted with the responsibility of managing the funds of a charitable trust, uses the funds for his own personal benefit, he can be charged with criminal misappropriation under the IPC.
It is important to note that the act of misappropriation must be dishonest to constitute an offense under Section 403 of the IPC. Therefore, if the accused took the property with the intention of returning it, or with the belief that he had a right to use it, he may not be guilty of criminal misappropriation.
CRIMINAL BREACH OF TRUST
A criminal breach of trust is an offense under the Indian Penal Code (IPC) that deals with the misuse of property or assets that have been entrusted to someone’s care. The act of criminal breach of trust is defined under Section 405 of the IPC.
As per Section 405, whoever, being entrusted with property or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law, or any contract express or implied, which he has made touching the discharge of such trust, such person is said to commit criminal breach of trust
As per section 406, such a person shall be punished with imprisonment for a term that may extend to three years, with a fine, or with both.
The essential elements of a criminal breach of trust are:
- Entrustment of property: The property must have been entrusted to the accused, either expressly or impliedly, by the complainant or by a third party.
- Misappropriation or wrongful use: The accused must have dishonestly misappropriated or converted the property for his own use, or used it in violation of any legal or contractual obligation.
- Dishonest intention: The accused must have acted dishonestly, i.e., with the intention of causing wrongful gain to himself or wrongful loss to the complainant.
For example, if a person who is entrusted with the responsibility of managing the funds of a company, embezzles the funds for his own personal gain, he can be charged with criminal breach of trust under the IPC.
It is important to note that criminal breach of trust is a non-bailable offense and is punishable with imprisonment for a term that may extend up to three years, along with a fine or both.
RECEIVING OF STOLEN PROPERTY
Receiving stolen property is an offense under the Indian Penal Code (IPC) that deals with the act of acquiring, possessing, or disposing of property that has been stolen, and such a person has the knowledge that it has been stolen. The act of receiving stolen property is defined under Section 411 of the IPC.
As per Section 411, whoever dishonestly receives or retains any stolen property, knowing or having reason to believe the same to be stolen property, shall be punished with imprisonment for three years, and a fine.
Section 412 provides an even more severe punishment of life imprisonment or 10 years of imprisonment in case the property is stolen during the commission of dacoity.
The essential ingredients of this offense are as follows
- Possession or control of stolen property: The accused must have possessed or controlled the stolen property, either directly or indirectly.
- Knowledge or reason to believe that the property was stolen: The accused must have known or had reason to believe that the property was stolen.
- Dishonesty: The accused must have acted dishonestly, i.e., with the intention of causing wrongful gain to himself or wrongful loss to the rightful owner of the property.
For example, if a person knowingly buys a stolen mobile phone from a thief, he can be charged with receiving stolen property under the IPC.
It is important to note that the punishment for receiving stolen property is imprisonment for a term that may extend up to three years, along with a fine or both. The offense is cognizable, non-bailable, and non-compoundable.
CHEATING
The Indian Penal Code (IPC) defines the offense of cheating under Section 415. According to this section, cheating is defined as a person who:
- Dishonestly deceives another person to induce him to deliver any property or valuable security or to do or omit to do anything which he would not do or omit if he were not so deceived; or
- Fraudulently or dishonestly induces any person to deliver any property or valuable security or to do or omit to do anything which he would not do or omit if he were not so induced.
In other words, cheating involves deceiving or inducing someone to part with their property or do something that they would not have done if they had not been deceived or induced. The person who commits the offence of cheating is known as the “cheater” or the “deceiver.”
We can understand this offence better with help of the following illustration
Rahul falsely pretends to be in civil service and intentionally deceives Raj to let him have goods on credit for which he does not intend to pay. Here we can say that Rahul cheats
The punishment for cheating under Section 417 of the IPC is imprisonment for a term which may extend to one year, with a fine, or with both. However, if the value of the property or the amount involved in the cheating is higher, the punishment can be more severe.
Section 416 provides the definition for cheating by personation whereby a person pretends to be someone else or represents himself to be someone else with the intention to cheat. Punishment for such an act is provided under section 419 which is imprisonment for 3 years or a fine.
Section 420 states that anyone who cheats and thereby induces another person to deliver any property to any other person or to destroy any valuable security shall be punished with imprisonment for seven years and a fine.
It is important to note that cheating is a cognizable offence, which means that the police can arrest the person without a warrant. Additionally, cheating is a non-bailable offence, which means that the accused person cannot be released on bail without the permission of the court.
MISCHIEF
The offence of mischief is defined under Section 425 of the Indian Penal Code (IPC). It states that whoever intentionally causes destruction or damage to any property, or any change in it that reduces its value or utility, or affects its character or appearance, commits the offence of mischief.
The section further explains that the act should have been done with the intention of causing damage or knowing that such damage is likely to be caused. It includes causing mischief by fire, explosive substances, or other means that can cause death, injury, or danger to human life, health, or safety.
The punishment for mischief under section 426 is imprisonment of either description for a term that may extend to two years or with a fine, or with both. However, if the mischief causes damage to public property or property dedicated to religious purposes, the punishment may extend up to five years with a fine or both.
It’s important to note that the offence of mischief is a non-bailable offence, meaning that the accused cannot be released on bail as a matter of right. The accused can only be released on bail at the discretion of the court.
CRIMINAL TRESPASS
The offence of criminal trespass is defined under Section 441 of the Indian Penal Code (IPC). It states that whoever enters into or upon property in the possession of another, without that person’s consent, commits the offence of criminal trespass.
The section further explains that the act should have been done with the intention of taking possession of the property or with the intention of committing an offence or with the knowledge that such an act is likely to cause annoyance or injury to any person who has a lawful right to be on that property.
The punishment for criminal trespass under IPC is imprisonment of either description for a term which may extend to three months or with a fine of up to Rs. 500, or with both.
It’s important to note that if the offence of criminal trespass is committed in any building, tent, or vessel used as a human dwelling or in any place where a person is likely to be then the punishment may extend up to one year or with fine or both.
Additionally, if criminal trespass is committed with the intention of committing an offence punishable with imprisonment for a term of seven years or more, the punishment may extend up to two years with a fine or both.
CASE LAWS
1) K.N. Mehra v State of Rajasthan AIR 1957 SC 369
In the case, the appellant and one other person were cadets in training at the Indian Air force academy. They were scheduled to fly the Dakota airplane as a part of their training. However, on the scheduled day they took off in Harvard HT 822 without authorization. Both of them were thereafter arrested and convicted of theft.
The Supreme Court held that the taking out of the Harvard HT aircraft had no relation to their training as it was a different aircraft from that intended for their training. Further, they took off without any authorization, therefore it can be concluded that they didn’t have any consent.
2) Gursharan Singh vs State Of Punjab JT 1996 (8) 189
The Supreme Court in this case held that the most essential ingredient for the offense of extortion is that the accused induces any other person and puts that person in fear to deliver any property or valuable security. Further, even if the amount which was demanded is paid a few days later then also it is said to be extortion
3) Sushil Kumar Dutta vs The State 1985 CriLJ 1948
In this case, the accused falsely represented himself to be a person who belongs to the Scheduled castes and thus he is a scheduled caste candidate in the IAS examination. He got selected. Thereafter he got caught and the supreme court held him guilty of cheating.
OFFENCES AGAINST DOCUMENTS
Offences against documents refer to crimes that are committed with respect to documents, such as forgery, falsification, counterfeiting, and destruction of documents. In India, these crimes are covered under the Indian Penal Code (IPC) and are treated as serious offences. Offences against documents can cause great harm to individuals and society as a whole, as they can undermine trust in legal and administrative processes, as well as economic transactions. In this article, we will discuss the various offences against documents under IPC.
FORGERY
The Indian Penal Code (IPC) defines forgery as an act of making a false document or altering an existing document with the intention of deceiving someone. The offence of forgery is covered under Section 463 of the IPC and is a cognizable and non-bailable offence.
According to Section 463 of the IPC, whoever makes any false document or part of a document with the intention to cause damage or injury to the public or any person or to support any claim or title, or to commit any fraud or dishonesty, is said to commit forgery.
The section also includes the act of signing any document or electronic record with a false intention or knowledge of the falsehood of the document. It also covers the act of using any such false document or electronic record as genuine.
The punishment for the offence of forgery under the IPC varies depending on the severity of the offence. If the offence is committed with the intention to harm or deceive someone, the offender may be punished with imprisonment for a term that may extend to two years, with a fine, or both. If the offense is committed with the intention to commit fraud or harm a government, the offender may be punished with imprisonment for seven years and a fine.
MAKING A FALSE DOCUMENT
Making a false document is a criminal offense under the Indian Penal Code (IPC). Section 464 of the IPC defines the offense of making a false document. It states that any person who makes any sign or seal or executes any document or transmits any electronic record or affixes any electronic signature, with the intention of making others believe that such document or electronic record was made or executed by any person or authority by whom he knows that it was not made.
The offense of making a false document can be committed in various ways, such as by forging a signature or seal, counterfeiting a document, making a false entry in an official register or record, or altering or fabricating a document in any way.
COUNTERFEITING
Counterfeiting refers to the making or possession of a false document or currency with the intention of deceiving someone. Section 231 of IPC defines counterfeiting as “whoever counterfeits any coin, banknote, or other currency or any stamp or mark of a public servant with intent to defraud the public, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.” Counterfeiting can be a serious crime as it undermines the integrity of the financial system and causes harm to the public.
CASE LAWS
1) Motisinh Gambhirsinh vs The State AIR 1961 Guj 117
In this case, the Supreme Court held that to hold an attestation as forgery one of the most essential element to prove would be that it must be signed or made by the person whom it does not indicate to be signed or made.
CONCLUSION
In conclusion, offences against property and documents in India are taken seriously by the law. The Indian Penal Code, the Indian Evidence Act, and the Prevention of Corruption Act provide for various offences related to property and documents and the punishment for such offences. It is important for individuals to understand these laws and to act in accordance with them to avoid being involved in any unlawful activities.
REFERENCES
1) K.D. GAUR’S CRIMINAL LAW CASES AND MATERIALS: NINTH EDITION
2)https://blog.ipleaders.in/offences-relating-to-documents-all-you-need-to-know-about-it
3)https://blog.ipleaders.in/offences-relating-to-property-everything-important-you-should-know-about/
4) Section 378 of the Indian Penal Code
5) Section 379 of the Indian Penal Code
6) Section 383 of the Indian Penal Code
7) Section 384 of the Indian Penal Code
8) Section 386 of the Indian Penal Code
9) Section 387 of the Indian Penal Code
10) Section 390 of the Indian Penal Code
11) Section 391 of the Indian Penal Code
12) Section 392 of the Indian Penal Code
13) Section 395 of the Indian Penal Code
14) Section 403 of the Indian Penal Code
15) Section 404 of the Indian Penal Code
16) Section 406 of the Indian Penal Code
17) Section 411 of the Indian Penal Code
18) Section 412 of the Indian Penal Code
19) Section 415 of the Indian Penal Code
20) Section 416 of the Indian Penal Code
21) Section 417 of the Indian Penal Code
22) Section 419 of the Indian Penal Code
23) Section 420 of the Indian Penal Code
24) Section 425 of the Indian Penal Code
25) Section 426 of the Indian Penal Code
26) Section 441 of the Indian Penal Code
27) Section 463 of the Indian Penal Code
28) Section 464 of the Indian Penal Code
29) K.N. Mehra v State of Rajasthan AIR 1957 SC 369
30) Gursharan Singh vs State Of Punjab JT 1996 (8) 189
31) Sushil Kumar Dutta vs The State 1985 CriLJ 1948
32) Motisinh Gambhirsinh vs The State AIR 1961 Guj 117