OFFENCES RELATING TO PROPERTY
This offence is defined in section 378 of the Code and it relates only to movable property. Thus it can be said that the immovable property can not be made a subject-matter of theft. But sometime the property which is immovable, after it is taken out from the earth can be stolen, for example a tree so long attached to earth can not be made a subject of the offence of theft is complete. This term is defined 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.
There are five exceptions to this definition.
The punishment for this offence is given in section 379 which says that the offence shall be punished with imprisonment to the extent of 3 years or with fine or with both.
This is defined in section 383 of the code which in short lays down that if one puts any person in fear of any injury and induces him to deliver any property or valuable security commits extortion. The punishment for the offence is shown in section 384 of the code which is the same as that for theft.
Main ingredients of the offence are-
(a) intentionally putting a person in fear of injury to himself or another: and
(b) Dishonestly inducing the person so put in fear to deliver to any person any property or valuable security.
The distinction between theft and extortion is
(a) In extortion the consent is obtained and in theft no consent is required,
(b) In extortion both the property movable or immovable may be the subject matter, but in theft only movable property can be stolen,
(c) in extortion the delivery is there by inducing fear while in theft the thief takes away the property without getting delivery from the owners and lastly,
(d) in extortion the overpowering of the will of the will of the owner exists. While in theft the element of force is absent.
3. Robbery and Dacoity.
In all types of robbery there is either theft or extortion, when theft or extortion becomes robbery is explained in section 390 of the code giving.
The offence of dacoity is defined in section 391 of the code as when five or more persons conjointly commit or attempt to commit 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, amounts to five or move every person and aiding such commission in or aiding is said to commit dacoity' thus it is clear that it robbery is committed by five or more persons or even it is attempted or aided by that number of persons it will become dacoity.
The punishment for the offence of robbery vide section 392 may extend to 10 years of rigorous imprisonment, but if it is committed on a high way between sunrise and for the offence of dacoity is given in section 395 which says that the offender may be punished with transportation for life or rigorous imprisonment for a term which may extend to 10 years and also be liable to fine.
4. Criminal misappropriation of property.
Section 403 of the code which says whoever dishonestly misappropriates or converts to his own use any movable property, shall be punished with imprisonment which may extend to 2 years or with fine or both.
5. Criminal breach of trust.
This offence is defined in section 405 and its punishment is detailed in section 406 of the code.
The main ingredients to complete the offence are ;
a. Entrusting any person with property;
b. The person so entrusted;
(i) Either dishonestly misappropriates or converts that property to his own use;
(ii) Dishonestly using or disposing of that property in violation of;
(i) any direction of law in which such trust is to be discharged; or
(ii) Any legal contract made touching the discharge of such trust, this offence can be committed by carrier, whar-finger, ware housekeeper, clerk, servant, public servant, banker, merchant, agent, broker, attorney and the like.
|<< BACK||NEXT >>|