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.

THEFT

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. Theft is one such example of an offence against property.

The offence of theft is one of the most common crimes committed in India that is punishable under the Indian Penal Code (IPC). Theft is defined as taking property that belongs to someone else without their consent with the intention of depriving them of their property. The IPC under section 378 defines theft.

According to section 378 of the Indian penal code 1860, anyone who intends to dishonestly take any moveable property out of the possession of another person without his consent, and if such person does indeed move that property he is said to commit the offence of theft.

Explanation 1 – Anything which is not a moveable property and as long as it is attached to the earth, will not be subject to theft; however, it will become capable of becoming a theft as soon as it is detached from the earth

Explanation 2 – A movement in the property caused by the same act through which property is severed from earth may be called theft

Explanation 3 – A person will be held guilty of moving a property if he removes any obstacle which prevented the property from moving or if he separates the property from another thing.

Explanation 4 – Anyone who by any means makes an animal move from one place to another, is said to move that animal. Further, he will be guilty of moving everything which is displaced by the motion caused by the movement of the animal

Explanation 5 – The consent mentioned in this section may be expressed or implied, and further it may be given either by the person in possession of the property or by any other person who has been given the authority.

We can understand the offence of theft better with the help of this illustration

1) Rahul severed a tree that was planted in Raj’s backyard with the dishonest intention to steal 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.

2) Rajiv meets a bullock carrying a box of gold. He drives that bullock in a different direction, with the dishonest intention to take the gold. Rajiv here has committed theft as soon as the bullock begins to move.

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.

Essential ingredients of theft

1) Dishonest intention – It is a major ingredient of theft. Taking away any property will not amount to theft if there was no dishonest intention involved. Further, the intention of the person who takes away the property should be to cause wrongful loss to another person.

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.

2) Movable property – Property that is stolen should be movable property. Movable property can be described as any property that can be moved from one location to another. Movable property can include items such as furniture, vehicles, electronics, jewelry, and clothing. In legal terms, movable property is any property that is not considered real property, which includes land and buildings.

3) Property should be taken out of the possession – to charge any person for the offence of theft it must be proved that the property which is stolen was taken away from the possession of someone else.

4) Property was taken without consent – To charge any person for the offence of theft it must be proved that the property is taken from another person without his consent.

5) Property should be moved – To charge any person for the offence of theft it must be proved that the property of another person was moved with the dishonest intention 

There are certain other aspects related to theft under Indian law that are important to know. For instance, it is not necessary that the offender actually takes the property away from the victim’s possession. Even if the offender simply moves the property with the intention of taking it, it is considered theft. Moreover, the offender may be punished for attempted theft even if they are not successful in taking the property.

Another important aspect is the concept of joint liability in theft cases. If two or more persons commit theft together, they are all liable for the offense, and each of them may be punished as if they had committed the offense alone. Similarly, if someone receives stolen property knowing that it is stolen, they may be punished for the offense of theft.

Section 379 provides the punishment for the offence of theft which is imprisonment for a term of 3 years and a fine. The punishment for theft under Indian law varies depending on the value of the stolen property. If the value of the stolen property is less than Rs. 5,000, the offender may be punished with imprisonment for a term that may extend up to three years, with a fine, or with both. If the value of the stolen property is Rs. 5,000 or more, the offender may be punished with imprisonment for a term that may extend up to seven years, and with a fine.

In addition to the above punishment, the offender may also be required to compensate the victim for the loss suffered by them due to the theft. The compensation may include the value of the stolen property, any damage caused during the commission of the offense, and any other expenses incurred by the victim as a result of the theft.

 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) Pyare Lal Bhargava vs State Of Rajasthan 1963 AIR 1094 

In this case, the accused took an official file from his office temporarily and gave it to another party for just one day. The Supreme court held the accused guilty of offence as the court observed that to constitute an offence of theft the loss need not be permanent; even though the property is dispossessed temporarily a person can be held liable for theft.

CONCLUSION

In conclusion, the offense of theft in India is a serious crime that is punishable by imprisonment and fines. Theft is a serious offense under Indian law, and it is important to understand its definition, punishment, and various aspects related to it. If you have been a victim of theft, you should immediately report the matter to the police and take appropriate legal action to recover your stolen property, and seek compensation for the losses suffered by you. Similarly, if you are accused of theft, it is important to consult a competent criminal defense lawyer to protect your rights and defend yourself against the allegations.

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) Section 378 of the Indian Penal Code

4) Section 379 of the Indian Penal Code

5) K.N. Mehra v State of Rajasthan AIR 1957 SC 369

6) Pyare Lal Bhargava vs State Of Rajasthan 1963 AIR 1094

7) https://www.scconline.com/Members/SearchResult.aspx 

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