Section 378 of the Indian Penal Code (IPC) deals with theft. According to this section, "whoever, intending to take dishonestly any moveable 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."
The punishment for theft is imprisonment for a term which may extend to three years, or with fine, or with both. However, if the value of the property stolen is more than one hundred rupees, the punishment may be imprisonment for a term which may extend to seven years, and shall also be liable to fine.
It is important to note that for an act to be considered theft under section 378 of the IPC, the following elements must be present:
The accused must have intended to take the property dishonestly.
The property must have been moved by the accused in order to take it.
The property must have been taken out of the possession of the owner without their consent.
It is also worth noting that under section 379 of the IPC, the punishment for committing theft after having been previously convicted of the same offense is imprisonment for a term which may extend to seven years, and shall also be liable to fine.
In conclusion, section 378 of the Indian Penal Code deals with the offense of theft, and stipulates the punishment for those found guilty of committing this crime. It is a serious offense, and those who are convicted of theft may face significant penalties, including imprisonment and fines.
Theft IPC Section 378
For example, Section 380 of IPC punishes the commission of theft in a building, tent or vessel used for dwelling or residence. Here, it is probable that A may have conceived that he had Z's implied consent to use Z's book. A carries the plate to a goldsmith and sells it. Thus, such taking cannot amount to theft. Extortion is defined under Section 389 of IPC as appropriation of property by coercion. The duty officer of the police station is responsible for making all the necessary entries.
The removal of property must be does without express or implied consent of the person in possession. A by taking it, commits no theft, though he may commit criminal misappropriation of property. Here, as soon as A has severed the tree in order to such taking, he has committed theft. Here A, though he may have committed criminal trespass and assault, has not committed theft, in as much as what he did was not done dishonestly. Not venturing to misappropriate the ring immediately for fear of search and detection, A hides the ring in a place where it is highly improbable that it will ever be found by Z, with the intention of taking the ring from the hiding place and selling it when the loss is forgotten.
Here punishment is up to three years imprisonment or fine or both. Explanation 3 A person is said to cause a thing to move by removing an obstacle which prevented it from moving or by separating it from any other thing, as well as by actually moving it. Example 2: John pawns his mobile to Adam and takes it back without paying the money with dishonest intention. A has committed theft. The Court held that his intention was to protect the interest of his master and not to do theft of the nets of the fishermen.
In State of Himachal Pradesh v. Taking need not be permanent It is not necessary that the taking should be of a permanent character, or that the accused should have derived any profit. In the case Pyarelal Bhargav V State 1963 , a government employee took a file from the office and then gave it to someone. Vishwanath, AIR 1979 SC 1825 case, the Court held that the transfer of possession of a movable property without the consent of the person in possession need not, however, be permanent or for considerable length of time nor is it necessary that the property should be found in possession of the accused. As soon as the bullock begins to move, A has committed theft of the treasure. As soon as the bullock begins to move, A has committed theft of the treasure. Here, as soon as A has severed the tree in order to such taking, he has committed theft.
It lays down the punishment for theft as either imprisonment for a term which may extend to three years , or with fine, or both. Z carries it to his shop. Here A, at the time of first moving the ring, commits theft. Here, as A does not take dishonestly, he does not commit theft. Comments Ingredients The delay in hearing of appeal for long period is no cause for not interfering with an order of acquittal which was based on conjectures and surmises, resulting in gross failure of justice; State of Rajasthan v. His friend Mehra was due for flight in a Dakota, as part of his training along with one Om Prakash, a flying cadet.
Cart-loads of earth, or stones carried away from the land of another are subjects of theft. If A takes the property dishonestly, he commits theft. State, it was held that keeping the owner out of the possession of the goods, not with the intention of causing any harm whatsoever, but just for the purposes of mental anxiety, will not constitute theft. So, he ceased the cattle. His uncle guaranteed his good behavior. Taking need not be permanent It is not necessary that the taking should be of a permanent character, or that the accused should have derived any profit.
Explanation 4 A person, who by any means causes an animal to move, is said to move that animal, and to move everything which, in consequence of the motion so caused, is moved by that animal. Not venturing to misappropriate the ring immediately for fear of search and detection, A hides the ring in a place where it is highly improbable that it will ever be found by Z, with the intention of taking the ring from the hiding place and selling it when the loss is forgotten. Explanation 2 A moving effected by the same act which affects the severance may be a theft. . He drives the bullock in a certain direction, in order that he may dishonestly take the treasure.
5 Main ingredients of theft: Explanation with case laws
For analyzing the crime of theft, each of its parts must be construed. Section 22 of Indian Penal Code has provided the definition of movable property; any corporeal property except land and things permanently attached to the earth. State of Rajasthan, AIR 1963 SC 1094. A, not owing to the jeweller any debt for which the jeweller might lawfully detain the watch as a security, enters the shop openly, takes his watch by force out of Z's hand, and carries it away. The offence is compoundable at the instance of the owner of the property. The authorised time for the flight to take off was between 6 am and 6.
Here, as A does not take dishonestly, he does not commit theft. Here A takes dishonestly; A has therefore committed theft. He drives the bullock in a certain direction, in order that he may dishonestly take the treasure. Intention is the gist of offence theft. The five main ingredients of theft are as follows: Dishonest intention to take property: If we study the illustrations given with Section 378 in the Act, we can be sure that the dishonest intention of the offender is the main ingredient of the offence of the theft.
Here A takes dishonestly; A has therefore committed theft. If A takes the property dishonestly, he commits theft. Also, it says Example 1: John gives his mobile to Adam to fix some problems. Explanation 5 The consent mentioned in the definition may be express or implied, and may be given either by the person in possession, or by any person having for that purpose authority either express or implied. Case came to SC after nine years; accused already went six months imprisonment and also got married and had children by then. It must not be a static one immovable property. They requested his help to go back to Delhi.
