Introduction:
There are two perspectives related to theft, one is general meaning and other is given in IPC. First one has no significance for its application, it is only a general meaning as per the layperson which is only helpful to understand it.
But for professionals it is crucial to look at the provision of the laws. So, when we talk about IPC under section 378 it has a huge importance in order to understand, apply and make someone liable for this offence.
It is punishable under IPC and now also in BNS. As we all know, the Indian Penal Code, 1860 has been changed with Bharatiya Niyayi Sanhita (BNS).
General Meaning of Theft:
For common people who do not have knowledge about legal stuff, can easily understand it. What is the general meaning of theft? So, taking and removing a tangible (movable) property of any person without his or her consent and with dishonest intention is to deal with the crime of theft. Further it is punishable under IPC in section 378 and BNS in Section 303.
Meaning of Theft as per IPC:
Any person, who intends to take any moveable property dishonestly and out of the ownership of the person without the consent of that person. Moves the property in such taking, said to commit theft and it will be punishable. It is important to know that for the crime of theft possession is essential not the ownership.
Accordingly, Section 378 to Section 382 of IPC talks about the offence of theft. These Sections give us a notion about the definition, punishment and aggravated form of theft. As per the definition of theft which we have already discussed above, there are several words which are crucial to look for a clear understanding of theft in detail.
Explanation
- A person seemingly moves a thing by removing an obstacle which prevents it from separating and by actually moving the object.
- With such intention causes an animal to move and move everything which is attached to that animal, or get in motion by the moving of that animal.
Illustrations
- There is a property which belongs to person B on which A cut down a tree with the intention of stealing it from B without getting his or her permission. Here, A has already committed theft as soon as he cut down the tree to facilitate such taking.
- Y comes across a bullock (a young bull) which is carrying a treasure box. He directs the bullock in a particular direction so he can steal the treasure dishonestly. Y has committed the theft of the treasure once the bull begins to move.
Words to be Remember:
Dishonestly:
A person who steals any tangible property with intention to cause wrongful gain, is said to do that thing dishonestly. The word dishonestly is described in Section 24 of IPC.
Moveable Property:
The word "movable property" comprises tangible property of every description. Tangible properties are those properties which can be touched, felt and seen. The exception is land and those things which have been attached to the earth. This is defined under the Section 22 of the Indian Penal Code.
Consent:
Consent is the permission of one person to another which means they both are agreeing on the same thing in the same sense. Basically, it is a kind of agreement between two people, allowing something to happen.
What is the Punishment for Theft?
Under the Indian Penal Code section 379 defines the punishment for theft. It stated that "Any person who commits theft will be punished with imprisonment of a term which can extend to three years or with fine, or with both".
Kinds of Aggravated Theft
Section 380 - Theft in Dwelling house:
The dwelling house is the place where the people live (residential place). It can be a tent, house or vessel etc. Any person who commits theft from another person’s dwelling, is said to have committed theft in the dwelling house.
It is a punishable offence by law which shall be imprisoned for maximum 7 years or fine or both.
Definition of Dwelling House: It is a form of a house structure, a tent, or a vessel where a person resides, does not matter living there for a long-term or short-term. For example - A waiting room in a railway’s building can be used for dwellings. This section also covers articles which have been stolen from the roof of a house.
Satho Tanti v. State of Bihar (1973):
In this case, the Patna High Court stated that the motive is to provide more security to goods that have been placed in a home, not to the immovable property of the victim or the party from whom it was taken.
In this case, two petitioners were found guilty under Section 380 of the Indian Penal Code (IPC) and given harsh six-month prison sentences. The case also brought up the issue of whether the State was accountable for the negligent behavior of one of its employees.
Section 381 - Theft by a Clerk or Servant
A person who is a servant or clerk of a master, commits theft in possession of master’s property. Then he or she is liable under section 381 of IPC and such person will be punished with 7 years of imprisonment or fine, if the offence is serious it can be liable for both imprisonment and as well as fine.
Section 382 - Causing death, hurt or restraint in order to the committing of the theft
It is the rigorous kind of theft which causes death, hurt or restraint by the person who commits theft. A person who commits theft and has preparation for causing death, hurt or restraint or fear of the death, if it is required for the purposes of escape. Then that person shall be punished with imprisonment for a maximum period of 10 years or fine or both.
For example, A is committing theft in Z’s property. While committing the theft he saw some person come thereselve to catch him then he loaded the pistol. Now he is ready to fire on those people, and his purpose of hurting those people if they resist him. So, A has committed the offence which falls under this section of IPC.
Classification of Offences
- Section 380 and Section 382 of IPC :- Under these sections the offence is cognizable, non-bailable, and non-compoundable.
- Section 381 of IPC :- While under this section, it is compoundable by the owner of the property which has been stolen. Before doing this the permission of the Court is necessary.
Theft (IPC v BNS)
Conclusion
Theft as defined by the IPC and theft in the broadest meaning are like two different things. Ownership is irrelevant in cases of theft. Theft only requires possession. If the initial move is dishonest, then that move itself constitutes a theft offense.
Theft is an offense that requires dishonest intent. Only corporeal property is subject to theft. Consent is another element in the crime of theft. It can be express or implied consent. However, moving anything that is tangible without permission will be considered theft.
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