CLASS 10

PROPERTY OFFENCES

The IPC (Sections 378-460) extensively covers various property-related offences for movable
and immovable property. The significant offences are:

SEC. 378: THEFT

Dishonestly taking someone's movable property without their consent constitutes theft. This
includes physically taking the property and causing it to move to take it. The consent can be
either expressed or implied. This principle was highlighted in the case of K.N. Mehra v.
State of Rajasthan, where the court emphasized the importance of dishonest intent and the
absence of the owner's consent in defining theft.

SEC. 379: PUNISHMENT FOR THEFT

Theft is a punishable offence, carrying a penalty of imprisonment for up to three years, a fine,
or both.

ESSENTIAL INGREDIENTS OF THEFT

To establish theft, certain essential elements must be present:

1. DISHONEST INTENT: The intention to cause wrongful gain or loss to oneself or another is
crucial. This intent, or animus furandi, is necessary for the theft offence to be complete. The
case of K.N. Mehra v. State of Rajasthan provides precedent for this aspect of theft.

2. ANY MOVABLE PROPERTY: Theft encompasses the taking of any movable property,
including items such as boats, valuables, and minerals.
3. TAKING OUT OF POSSESSION: It is immaterial whether the person from whom the
property is taken is the true owner. Possession, rather than ownership, is the essential element
in defining theft. This principle was reinforced in the case of Pyare Lai v. State, where even
temporary deprivation of another's property was considered theft.

4. TAKING WITHOUT CONSENT: Consent obtained through false representation or

misconception of facts is not considered valid.

5. MOVING PROPERTY: Theft occurs when the property is moved to take it, even if the
intention is to return it later.

AGGRAVATED FORMS OF THEFT

i. Theft in Dwellings, Tents, or Vessels: refers to theft occurring in places used as human
dwellings or for property custody (Sec. 380).
ii. Theft by a Clerk or Servant: When a clerk or servant steals property in their master's
possession (Sec. 381).
iii. Theft After Preparation for Harm or Death: This involves theft planned to cause harm or
death to any person or the effecting of escape afterwards (Sec. 382).

SEC. 383: EXTORTION

Extortion happens when someone intentionally scares another person into giving up their
property. This fear must be dishonestly induced to get the person to hand over property,
valuable items, or signed documents that could be turned into valuable items. For example, if
someone threatens to harm another person unless they hand over money, that's extortion.

SEC. 384: PUNISHMENT FOR EXTORTION

Anyone who commits extortion can be imprisoned for up to three years, fined, or both.

ESSENTIAL INGREDIENTS OF EXTORTION

To prove extortion, several key elements must be established:
1. Putting Someone in Fear: The fear induced must be severe enough to affect the
person's ability to act freely. This fear can be physical harm, harm to one's reputation,
or property damage. In the case of A.R. Antulay v. R.S. Nayak, the court ruled that
merely pressuring someone without inducing fear does not constitute extortion.
2. Dishonest Inducement: It's not enough for someone to cause harm; they must also
intend to cause wrongful loss through their actions.
3. Delivery of Property or Valuable Security: Extortion only occurs when the victim
hands over property due to fear. In the case of Jadunandan Singh v. Emperor, the
court clarified that forcibly taking a thumb impression does not necessarily amount to
extortion unless it results in the victim handing over documents.

SEC. 385: PUTTING A PERSON IN FEAR OF INJURY TO COMMIT EXTORTION

This section punishes the act of inducing fear in someone to extort property.

AGGRAVATED FORMS OF EXTORTION (SECTIONS 386-389)

These sections cover more severe forms of extortion, including threats of death or grievous
hurt (Sec. 386), accusations of offences punishable with death or life imprisonment (Sec.
388), and threats of accusation to commit extortion (Sec. 389).

DISTINCTION BETWEEN EXTORTION AND THEFT

Extortion falls between theft and robbery. Unlike theft, extortion involves obtaining the
owner's consent through fear. Extortion can involve movable and immovable property, and
an element of force or fear is involved, unlike theft. In extortion, the victim willingly hands
over property; in theft, it's taken without consent.

SEC. 390: ROBBERY

Robbery is a serious crime like a more intense theft or extortion.

Here's when theft becomes robbery:

1. When someone uses force or threats to cause harm or steal something.
2. When someone hurts or threatens to hurt another person while stealing or trying to steal
something.
3. When someone takes stolen property away and, during that time, causes or tries to cause
harm to another person.

ILLUSTRATIONS:
Imagine A holds Z down and takes Z's money and jewels without permission. This is theft.
But if A also restrains Z to do this, it becomes robbery because fear and violence are
involved.

ESSENCE OF ROBBERY:
Robbery is all about fear or violence happening right then and there. It doesn't matter if it's
before, during, or after the theft as long as it's connected to stealing.

DIFFERENCE FROM THEFT:

If force is used to escape without taking stolen items, it's still theft, not robbery. But if force
is used during the theft, like knocking someone down while stealing, then it's robbery.

WHEN EXTORTION BECOMES ROBBERY:

Extortion turns into robbery when:
1. Someone threatens another person with instant harm, like death or injury.
2. This threat makes the person give up something.
3. The person making the threat is right there when it happens, ready to carry it out.

ILLUSTRATION:
If A threatens Z with a gun and takes Z's purse, that's extortion. But if A is right there when
demanding the purse, and Z gives it up out of fear, it becomes robbery.

PUNISHMENT FOR ROBBERY:

Robbery is a serious offence. If someone is found guilty, they could face up to 10 years in
prison and a fine. If the robbery happens on a highway between sunset and sunrise, the
punishment is even harsher—up to 14 years in prison. If someone is hurt during the robbery,
the punishment can be life imprisonment or up to 10 years in prison and a fine. Being part of
a gang that habitually commits theft or robbery can also lead to imprisonment for up to 7
years and a fine.

SEC. 391: DACOITY

Dacoity is a severe type of robbery. It's called dacoity when five or more people work
together to commit a robbery or help in it. Even those who just aid in the crime are
considered part of it.

ILLUSTRATION:
Imagine five people planning to rob a house together. One person does the robbery while the
other four stand outside and help. All five are considered to have committed dacoity.

DACOITY WITH MURDER:

If someone is killed during a dacoity, all involved are held responsible for the murder. For
instance, if a group of dacoits kills someone while robbing a house, everyone in the group is
accountable for the murder. In the Emperor v. Lashkar case, a gang of dacoits shot and
killed a villager while escaping after a robbery. The court ruled that since the murder
happened during the dacoity, everyone involved in the robbery was responsible for the
murder.

PUNISHMENT FOR DACOITY:

Dacoity is a severe offence. Those guilty could face life imprisonment or up to 10 years plus
a fine. If someone is killed during dacoity, the punishment could be even harsher, including
the death penalty, life imprisonment, or imprisonment for ten years plus a fine.

USING DEADLY WEAPONS:

If deadly weapons are used during robbery or dacoity, or if there's an attempt to cause death
or severe injury, the punishment is imprisonment for seven years. This applies even if the
weapons weren't used.

UNDERSTANDING THE DIFFERENCE:

Theft, extortion, robbery, and dacoity are all about taking something without permission,
but they have differences:
- Theft is when something is taken without consent, usually by one person, and involves only
movable property.
- Robbery is theft with the use of force or threat. Dacoity is a more intense version of robbery
involving a group of at least five people.
- Extortion is about obtaining consent wrongfully, often through fear. It can involve both
movable and immovable property.
- Dacoity includes robbery, and robbery includes theft. So, every case of dacoity is essentially
a robbery, but not every robbery is dacoity.

SEC. 403: DISHONEST MISAPPROPRIATION OF PROPERTY

If someone dishonestly takes someone else's movable property for their use, they could face
imprisonment for up to two years, a fine, or both. Imagine someone taking something that
belongs to someone else without their permission, intending to use it for themselves. If they
knew it wasn't theirs but still took it, that's dishonest misappropriation.

ILLUSTRATIONS:
Let's say someone borrows something, thinking it's theirs, but later realizes it's not and still
keeps it. Or, if someone takes a book from a friend's library without asking, it's not theft
unless they later sell it for their benefit.

ESSENTIAL INGREDIENTS:
To prove criminal misappropriation, there must be a dishonest intention to use someone else's
property for oneself. It's not enough just to possess the property; there must be wrongful
intent.

In the Ram Bharosey v. State case, it was ruled that if someone finds something and doesn't
give the true owner a reasonable chance to claim it before keeping it, they could be guilty of
misappropriation.

JOINT/PARTNERSHIP PROPERTY:
If someone takes property that belongs to a joint owner or partnership, they're not guilty of
misappropriation. However, if a manager of joint property uses it for personal gain, it could
be considered misappropriation.

SEC. 404: DISHONEST MISAPPROPRIATION OF DECEASED PERSON'S PROPERTY

This section deals with misappropriating property left behind by someone who has passed
away before their legal representative claims it.

ILLUSTRATION:
If someone takes money left behind by a deceased person before anyone legally entitled can
claim it, they're guilty of misappropriation under this section.

DIFFERENCE BETWEEN THEFT AND MISAPPROPRIATION:

In theft, the intention is to take property from someone else's possession, while in
misappropriation, the offender already possesses the property. Also, dishonest intention
precedes the act of theft, but in misappropriation, it follows the possession.

SEC. 405: CRIMINAL BREACH OF TRUST

If someone is entrusted with property or control over it and then dishonestly uses it for
themselves or violates the terms of their responsibility, they've committed a criminal breach
of trust. This can include not following legal instructions on handling the property or
breaking any related agreements.

Imagine someone is given something to hold onto or manage by someone else. If they then
use it for themselves without permission, go against any rules about how they should handle
it, or let someone else do the same, it's considered a breach of trust.

ILLUSTRATIONS:
For example, if someone is supposed to divide up a deceased person's belongings according
to their will but instead keeps them for themselves, it's a breach of trust. Or if a warehouse
keeper sells goods entrusted to them for safekeeping, it's also a breach of trust.

ESSENTIAL INGREDIENTS:
To prove a criminal breach of trust, four things must be present:
1. Someone entrusts property or control over it to another person.
2. The person receiving the property is entrusted with it.
3. That person dishonestly uses or keeps the property for themselves.
4. This goes against any legal instructions or agreements about handling the property.

RELEVANT CASE LAWS:

In JM Akhaney v. State of Bombay, it was decided that even though technical aspects of
trust law might not apply, if someone is given property to hold onto, they're considered the
owner until it's returned.

In State of Gujarat v. Jaswantlal Nathalal, it was ruled that simply selling property doesn't
always constitute a breach of trust unless specific agreements or legal responsibilities are
involved.

In Somnath v. State, a person working for an airline was found guilty of breach of trust for
misappropriating excess money collected from passengers.
In C.M Narayan Ittiravi v. State of Travancore, it was highlighted that if money received
is meant for personal profit rather than for the benefit of a business or organization, it's
considered illegal gratification rather than a breach of trust.

In Raghavji v. State of Maharashtra, it was clarified that simply being a partner in a

business doesn't automatically mean someone has been entrusted with property for a breach
of trust to occur.

SEC. 406: PUNISHMENT FOR CRIMINAL BREACH OF TRUST

Anyone who commits a criminal breach of trust could face up to three years in prison, a fine,
or both.

UNDERSTANDING THE DIFFERENCE:

Theft involves taking someone else's property without permission, while breach of trust
involves dishonestly using property entrusted to you. In theft, the property is taken
unlawfully, but in breach of trust, it's already in the possession of the person who misuses it.

DISTINCTION FROM CRIMINAL MISAPPROPRIATION:

In criminal misappropriation, property is acquired accidentally or casually and used
dishonestly. But in breach of trust, the property is given to someone with the expectation that
they'll handle it responsibly, and they betray that trust by misusing it.

- This section of the law aims to ensure that people entrusted with property or responsibility
handle it honestly and responsibly, and those who violate that trust face consequences.

SECTIONS 407-409:
Sec. 407 deals with breach of trust by certain professionals like carriers, warehouse keepers,
and wharfingers, carrying a punishment of up to 7 years in prison.
Sec. 408 applies to a breach of trust by clerks or servants, and it is also punishable with up to
7 years imprisonment.

Sec. 409 states that if someone, like a public servant or a banker, breaches trust over property
entrusted to them in their official capacity or business, they could face up to ten years in
prison and a fine.

RECEIVING STOLEN PROPERTY:

Section 411 states that receiving stolen property is punishable with up to 3 years in prison or
a fine. This means that someone who knowingly receives stolen goods can face penalties
similar to those of the thief.

ESSENTIAL REQUIREMENTS:
To convict someone under this section, two things are crucial: first, they must dishonestly
receive or keep stolen property, and second, they must know that the property was obtained
unlawfully.

CHEATING:
Sections 412 to 423 cover cheating offences—section 416 deals explicitly with cheating by
impersonation, punished under section 419. Section 417 covers cheating in general, while the
well-known section 420 deals with cheating and dishonestly inducing delivery of property,
carrying a punishment of up to seven years in prison and a fine.

The main aspects of cheating include deceiving someone and inducing them to deliver
property or do something they wouldn't otherwise do, causing harm to the person.

FRAUDULENT DEEDS AND DISPOSITION OF PROPERTY:

Sections 421 to 424 address fraudulent disposition of property with the intent to harm
creditors. This includes dishonestly disposing of property to cause wrongful loss to creditors,
whether movable or immovable.

MISCHIEF:
Mischief, as defined in section 405, involves intentionally causing damage or loss to property
or persons. The punishment under section 426 is imprisonment for up to three months or a
fine or both. Various forms of mischief are covered in sections 427 to 440.

CRIMINAL TRESPASS:
Offences related to trespassing are covered in sections 441 to 460. The essential elements
include entering someone else's property without consent, remaining there unlawfully after
permission is withdrawn, and intending to commit an offence or to insult, annoy, or
intimidate the property owner.

These offences include house trespass, housebreaking, and lurking house-trespass.