Ticker

6/recent/ticker-posts

Offences Against Property Under - IPC


Generally, Property is divided into two parts, movable and immovable. Any offence with concern to property whether it is movable or immovable is punishable under the provisions of the law. Law of Crimes or the Indian Penal Code defined these offence which is related to property from section 378 to 460. 


Chapter XVII – Of Offences Against Property:

Chapter 17 of Indian Penal Code includes the offences which is related to property. These offences are crimes such as theft, extortion, robbery, dacoity and other additional forms of these offences.

We will see a detailed discussion which will help you to understand these sections better. It is one of the crucial part of the IPC that also covers a major part in the syllabus of many universities like Delhi University, Mumbai University, Chaudhary Charan Singh University and many more. So read the whole blog post and explore our site to grab more legal stuff!


The offences relevant to property are given below:


Section 378:- Theft

Generally speaking, theft is defined as taking something that belongs to someone else. However, there are specific requirements and elements in IPC for liable under theft.

Section 378 defines theft as dishonestly removing any movable property from a person's possession. This taking on must always occur without the permission of that person. Therefore, the following conditions must be met for theft to be considered a crime under the IPC:

(1) While stealing the property, the offender must have dishonest intention.

(2) The subject property must always be movable rather than immovable;

(3) The offender taking out the property without the consent or permission of that person.

(4) In order to complete control of the property, the criminal must relocate it.


Section 379:- Punishment for theft 

Any person found guilty of theft will be punished with maximum sentence of 3 years in prison of any kind, or with fine, or both.


Section 379A:- Snatching

Snatching is defined as the act of someone suddenly, quickly, forcibly seizing, securing, grabbing, or taking away any movable property from a person or from his possession with the intent to steal it, then it is said to commint snatching.


Section 379B:- Punishment for Snatching

(1) Anyone found guilty of snatching shall be punished with a minimum sentence of five years in jail, which may extend up to ten years in prison, as well as a fine of ten thousand rupees.

(2) The offender faces imprisonment for a term that cannot be less than ten years in prison and a fine of ten thousand rupees if, either before or after committing the offence of snatching, he causes harm, wrongful restraint, or fear of harm, or if, during the commission of the offence, he causes harm, wrongful restraint, or fear of harm in order to effect his escape.


Section 380:- Theft in dwelling house, etc. 

Whoever commits theft from a building, tent, or vessel that is used for property custody or as a place for people to live will be punishable with a period of imprisonment of any kind that may extend up to seven years and shall also be liable to fine.


Section 381:- Theft by clerk or servant of property in possession of master 

Any individual who possesses property owned by their employer or master and removes it while working as a clerk or servant, or while acting in that capacity, shall be punished for criminal penalties which include up to seven years in prison and a fine.

Read more at: Damnum Sine Injuria


Section 382:- Theft after preparation made for causing death, hurt or restraint in order to the committing of the theft 

Theft committed with the intent to cause death, injury, restraint, or fear of death, injury, or restraint to any person in order to carry out the theft, to make their escape after the theft, or to keep the property that was taken in the theft will be punished with rigorous imprisonment for a term that may be up to ten years in addition to a fine.

Read more at: Bachan Singh v State of Punjab


Conclusion

Everyone has the constitutional right to obtain property and to keep it secure. The property can be of any kind, such as tangible or intangible, moveable or immovable. Stealing, extortion, cheating, misappropriating, criminal breach of trust, receiving stolen goods, cheating, criminal trespass, mischief, and performing any act on another person's property with the decietful intention they all are crimes. These offences against property are punishable under indian penal laws.

The IPC imposes penalties and sanctions for a variety of property-related offenses, in order to protecting the owner of the property. 

Post a Comment

0 Comments