This article has been written by Ms. Stuti Chaudhary, a 2nd-year B.A.LL.B student from Lloyd Law College, Greater Noida.

 

INTRODUCTION:-

Theft and extortion are two distinct crimes that fall under the Indian Penal Code (IPC). Both of these crimes involve taking someone else’s property without their consent, but there are some important differences between them. 

 

WHAT IS THEFT?

The Indian Penal Code’s Section 378 defines theft as the act of moving something with the intent to steal it out of someone else’s possession without that person’s permission. 

The term “moveable property” is defined in Section 22 of the IPC, which includes all property that is not immovable property. Examples of moveable property include cash, jewelry, electronic devices, and vehicles.

To constitute the crime of theft, the accused must intend to take the property, and the property must be taken out of the owner’s possession. For example, if someone steals a mobile phone from a person’s pocket without their knowledge, they have committed theft.

The punishment for theft is imprisonment of either description for a term that may extend to three years, with a fine, or with both. If the stolen property is a valuable security or a document that represents money, the punishment is imprisonment for a term that may extend to seven years, along with a fine.

 

KEY ELEMENTS OF THEFT UNDER THE IPC:-

The crime of theft is defined under Section 378 of the Indian Penal Code (IPC). To constitute the offense of theft, the following essentials must be satisfied:

1. Moveable Property: 

The property that is subject to theft must be moveable property. The term “moveable property” means property that can be physically moved from one place to another and does not include immovable property such as land or buildings.

1. Property must belong to someone else: 

The property that is subject to theft must belong to someone other than the accused. If the accused owns the property, he cannot be charged with theft.

1. Taking out of possession: 

The accused must take the property out of the possession of the owner. Possession means physical control over the property. If the accused takes the property without removing it from the owner’s possession, it cannot be considered theft. For example, if the accused snatches a mobile phone from the owner’s hand, it is theft as he has taken it out of the owner’s possession.

1. Without the owner’s consent:

 The property must be taken without the owner’s consent. If the owner has given consent, it cannot be considered theft. For example, if the accused borrows a bike with the owner’s permission and fails to return it, it is not theft.

1. Intention to steal:

 The accused must have the intention to take the property without the owner’s consent. The intention to steal can be inferred from the conduct of the accused. If the accused takes the property under a mistake or misunderstanding, it cannot be considered theft.

1. No lawful authority:

 The accused must not have any lawful authority to take the property. If the accused takes the property under lawful authority, such as a police officer seizing stolen property, it cannot be considered theft.

If all of these essentials are met, then the accused can be charged with the crime of theft under Section 378 of the IPC. The punishment for theft is imprisonment of up to three years, with a fine, or with both. If the stolen property is a valuable security or a document that represents money, the punishment is imprisonment for up to seven years, along with a fine.

 

EXAMPLES OF THEFT:-

Here are some examples of theft under Indian law:

1. A person enters a shop and steals a mobile phone that is on display.
2. A person picks up a wallet that someone has left on a table and takes the money and cards inside.
3. A person enters a home and steals jewelry and cash from a locked safe.
4. A clerk of a bank takes money from the bank’s cash register and keeps it for himself.
5. A person steals a bicycle that is parked on the street.
6. A person steals a laptop from a classroom when no one is around.
7. A factory worker steals a machine part from the factory for his own use.
8. A person steals a purse from a lady’s handbag when she is walking on the street.

In all of these cases, there is an act of taking someone else’s property without their consent with the intention of depriving them of it permanently. These acts are considered as theft under Indian law and can be punishable under Section 378 of the IPC.

 

PUNISHMENT OF THEFT UNDER THE IPC:-

The punishment for theft is outlined in Section 379 of the Indian Penal Code (IPC). According to this section, the punishment for theft is imprisonment for a term of up to three years, with a fine, or with both.

However, the punishment for theft can be more severe in certain circumstances. If the property that is stolen is a valuable security, such as a promissory note or a government bond, or a document representing money, such as a cheque, the punishment can be imprisonment for a term of up to seven years, along with a fine.

Additionally, if the theft is committed in a dwelling house, tent, or vessel used as a human dwelling, the punishment can be imprisonment for a term of up to seven years, along with a fine. The term “dwelling house” includes any building, tent, or vessel that is used as a human dwelling.

If the accused has been previously convicted of theft, the punishment for subsequent theft offenses can be more severe. In such cases, the punishment can be imprisonment for a term of up to seven years, along with a fine.

It is important to note that the punishment for theft can vary depending on the value of the property that is stolen. In some cases, the court may order the accused to compensate the victim for the value of the stolen property in addition to the punishment imposed by the court.

 

LANDMARK CASES OF THEFT:-

Here are some landmark cases related to theft in Indian law:

1. State of Gujarat v. Memon Mahmed Haji Hasam (1980): 

In this case, the accused was found guilty of stealing gold bars from a bank’s strong room. The Supreme Court held that the accused was guilty of theft as he had taken the gold bars without the consent of the bank and with the intention of depriving the bank of the gold permanently.

1. K. Veeraswami v. Union of India (1991): 

In this case, the accused, who was a sitting judge of the High Court, was charged with the theft of certain items from a government bungalow. The Supreme Court held that the accused was not guilty of theft as he was a public servant and the items were not taken with the intention of depriving the government of them permanently.

1. Ramanbhai Naranbhai Patel v. State of Gujarat (2000):

 In this case, the accused was charged with theft of electricity by tapping into the main electricity line. The Supreme Court held that the accused was guilty of theft as he had taken the electricity without the consent of the electricity department and with the intention of depriving the department of the electricity.

1. Harendra Nath Chatterjee v. State of West Bengal (2004): 

In this case, the accused was charged with theft of a typewriter from a government office. The Supreme Court held that the accused was guilty of theft as he had taken the typewriter without the consent of the government and with the intention of depriving the government of the typewriter permanently.

 

These landmark cases have helped to clarify and develop the law related to theft in India. They have also set important precedents that are used in subsequent cases related to theft.

 

EXTORTION UNDER THE IPC:-

 

Extortion is defined in Section 383 of the IPC. According to this section, whoever intentionally puts any person in fear of any injury to that person, or to any other person, or to any property, and thereby dishonestly induces the person so put in fear to deliver any property or valuable security or anything signed or sealed which may be converted into a valuable security, commits extortion.

The important elements of extortion are putting a person in fear, and inducing them to deliver property or valuable security. The fear may be of injury to the person, to any other person, or to any property. The fear must be dishonestly induced, which means that the accused must have intentionally caused the fear.

For example, if someone threatens to harm a person’s family if they do not give them money, they have committed extortion.

The punishment for extortion is imprisonment of either description for a term that may extend to three years, with a fine, or with both. If the extortion is committed by putting a person in fear of death or grievous hurt, the punishment is imprisonment for a term that may extend to ten years, along with a fine.

ESSENTIALS OF EXTORTION:-

The crime of extortion is defined under Section 383 of the Indian Penal Code (IPC). To constitute the offense of extortion, the following essentials must be satisfied:

1. The threat of injury: 

The accused must threaten to cause injury to the person, reputation, or property of the victim or to the person in whom the victim is interested. The injury may be physical harm, mental agony, or damage to property.

1. The threat must be to compel the victim to deliver property or valuable security: 

The threat must be made with the intention of compelling the victim to deliver any property or valuable security or to do or omit to do any act to which he is legally entitled to do or is not bound to do.

1. The threat must be made dishonestly: 

The threat must be made with dishonest intentions. If the threat is made in good faith or with a lawful purpose, it cannot be considered extortion.

1. The property or valuable security must be demanded with the threat:

 The accused must demand property or valuable security from the victim with the threat of injury.

If all of these essentials are met, then the accused can be charged with the crime of extortion under Section 383 of the IPC. The punishment for extortion is imprisonment of up to three years, with a fine, or with both. If the accused uses the threat of death or grievous hurt, the punishment can be imprisonment for up to 10 years, along with a fine.

It is important to note that extortion is a more serious offense than theft because it involves the use of force or threat of force. The victim is compelled to give up his property or valuable security under fear of injury, which is not the case in theft. Extortion is a non-bailable offense, which means that the accused cannot be released on bail without the permission of the court.

 

EXAMPLES OF EXTORTION:-

Here are some examples of extortion under Indian law:

1. A person threatens to publish damaging information about another person unless he pays a sum of money.
2. A person threatens to harm a businessman’s family unless he pays a protection fee.
3. A group of people threatens to harm a farmer’s crops unless he agrees to pay them a certain amount of money.
4. A person threatens to file a false criminal case against another person unless he pays him a sum of money.
5. A person threatens to damage a shop owner’s property unless he agrees to pay him a monthly sum of money.
6. A person threatens to harm a person’s family members unless he signs over his property to him.
7. A person threatens to harm a politician’s reputation unless he pays him a sum of money.

In all of these cases, the offender uses threats of harm or injury to force the victim to comply with their demands. These actions are considered extortion under Indian law and can be punishable with imprisonment for a term that can extend up to 10 years and a fine.

 

PUNISHMENT OF EXTORTION UNDER THE IPC:-

The punishment for extortion is outlined in Section 384 of the Indian Penal Code (IPC). According to this section, the punishment for extortion is imprisonment for a term of up to three years, with a fine, or with both.

However, if the accused uses the threat of death or grievous hurt to extort property or valuable security from the victim, the punishment can be more severe. In such cases, the punishment can be imprisonment for a term of up to 10 years, along with a fine.

If the accused commits extortion by threatening to cause damage to the victim’s property or reputation, the punishment can be imprisonment for a term of up to two years, along with a fine.

It is important to note that extortion is a non-bailable offense, which means that the accused cannot be released on bail without the permission of the court. Additionally, if the accused is convicted of extortion, the court may order him to pay compensation to the victim for the loss suffered due to the extortion.

In cases where the accused is a public servant, such as a police officer or a government official, and he commits extortion by abusing his position, the punishment can be more severe. In such cases, the accused can be punished with imprisonment for a term of up to seven years, along with a fine.

It is worth noting that the punishment for extortion can vary depending on the nature and severity of the offense committed. The court may consider factors such as the value of the property or security extorted, the degree of harm or injury caused to the victim, and the criminal history of the accused when determining the appropriate punishment.

 

MAJOR CASES OF EXTORTION IN INDIA:-

Here are some major cases related to extortion in Indian law:

1. State of Maharashtra v. Prakash Shukla (1995):

 In this case, the accused was a notorious gangster who was charged with extortion and murder. The Supreme Court held that the accused was guilty of extortion as he had demanded money from a businessman with the threat of harm if the money was not paid.

1. State of Punjab v. Major Singh (1996):

 In this case, the accused was a police officer who was charged with extortion. The Supreme Court held that the accused was guilty of extortion as he had demanded money from a truck driver with the threat of implicating him in a false case.

1.  Subhash Chandra v. State of Delhi (2013): 

In this case, the accused was a government employee who was charged with extortion. The Supreme Court held that the accused was guilty of extortion as he had demanded bribe money from a businessman with the threat of causing a delay in the issuance of licenses.

1. Satish Kumar v. State of Haryana (2018):

In this case, the accused was charged with extortion for demanding money from a person by posing as a government official. The High Court of Punjab and Haryana held that the accused was guilty of extortion as he had used the threat of using his position as a government official to extract money from the victim.

 

These landmark cases have helped to clarify and develop the law related to extortion in India. They have also set important precedents that are used in subsequent cases related to extortion.

 

DIFFERENCE BETWEEN THEFT AND EXTORTION:-

Theft and extortion are two distinct offenses under the Indian Penal Code (IPC). While both involve the unlawful taking of property, there are important differences between the two offenses.

Theft is defined under Section 378 of the IPC as the dishonest taking of any movable property with the intent to deprive the owner of such property. The essential elements of theft are dishonesty, taking of property, and the intent to permanently deprive the owner of such property.

On the other hand, extortion is defined under Section 383 of the IPC as the act of intentionally putting a person in fear of injury to that person or to someone in whom that person is interested, in order to compel the person to deliver property or valuable security. The essential elements of extortion are the use of force or threat of force, the intention to compel the delivery of property or valuable security, and the intention to cause harm or injury to the victim.

Thus, the main difference between theft and extortion is that theft is the act of taking someone else’s property without their consent, while extortion is the act of using force or threat of force to compel someone to give up their property. In theft, there is no use of force or threat of force, and the property is taken without the owner’s consent. In extortion, there is an element of coercion or intimidation, and the victim is compelled to give up their property under fear of injury.

Additionally, the punishment for extortion is more severe than that of theft. The punishment for theft is imprisonment for a term of up to three years, while the punishment for extortion is imprisonment for a term of up to three years, or with a fine, or with both. However, if the accused uses the threat of death or grievous hurt to extort property or valuable security from the victim, the punishment for extortion can be imprisonment for a term of up to 10 years, along with a fine.

 

CONCLUSION:-

Theft and extortion are two distinct crimes under the Indian Penal Code, and there are some important differences between them. While theft involves taking property without the owner’s consent, extortion involves putting the owner in fear and then taking the property. Both of these crimes are punishable by imprisonment, but the punishments are different depending on the severity of the crime. It is important to understand these distinctions to ensure that justice is served and that individuals are held accountable.

 

REFERENCES:-

• Indian Penal Code, 1860 (https://indiacode.nic.in/handle/123456789/1962)
• “What is Theft under IPC?” by Advocate Sowjanya P, iPleaders (https://blog.ipleaders.in/theft-ipc/)
• “What is Extortion under IPC?” by Advocate Sowjanya P, iPleaders (https://blog.ipleaders.in/extortion-ipc/)
• “Theft under IPC: Punishment and Types” by Shubham Singh, Legal Service India (http://www.legalserviceindia.com/legal/article-1766-theft-under-ipc-punishment-and-types.html)
• “Extortion under IPC: Definition, Punishment and Case Laws” by Shruti Desai, iPleaders (https://blog.ipleaders.in/extortion-under-ipc/)
• “Theft vs. Robbery vs. Dacoity vs. Extortion” by Advocate Manu Jindal, Legal Service India (http://www.legalserviceindia.com/legal/article-2252-theft-vs-robbery-vs-dacoity-vs-extortion.html)
• State of Gujarat v. Memon Mahmed Haji Hasam (1980) AIR 1981 SC 897
• K. Veeraswami v. Union of India (1991) 3 SCC 655
• Ramanbhai Naranbhai Patel v. State of Gujarat (2000) 2 SCC 339
• Harendra Nath Chatterjee v. State of West Bengal (2004) 7 SCC 105
• State of Maharashtra v. Prakash Shukla (1995) 4 SCC 647
• State of Punjab v. Major Singh (1996) 2 SCC 37
• Subhash Chandra v. State of Delhi (2013) 5 SCC 226
• Satish Kumar v. State of Haryana (2018) CRM-M-39161-2017 (O&M)