Section 378-402 Indian Penal Code
Chapter XVII
Section 378 – 462
Of Offences against Property
Chapter XVII covers sections from
378 – 462. But in present notes, sections 378 – 402 have been covered.
Offences
covered in this chapter are related to property.
Theft:
Section
378 covers that whoever –
Intending
to take dishonestly –
(i)
Any movable property;
(ii)
Out of the possession of any person;
(iii)
Without the consent of that person,
Moves that property in
order to such taking – is said to commit “theft”.
Here dishonesty has
been covered as section 24 of IPC which defines as whoever does anything with
the intention of causing;
(i)
Wrongful gain to one person or;
(ii)
Wrongful loss to another is defined as
dishonestly
Explanation 1: A thing
attached to the earth becomes the subject of theft as soon as it is severed
from the earth.
Explanation 2: A moving effected by the same act which
effects the severance may be theft.
Explanation 3: A person
is said to cause a thing to move by
(a)
Actually moving it or,
(b)
Removing an obstacle which prevents it
from moving or
(c)
Separating it from any other thing.
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
For example –
(i)
A cuts down a tree on Z’s ground, with
the intention of dishonestly taking the tree out of Z’s possession without Z’s
consent. Here, as soon as A has severed the tree in order to such taking, he
has committed theft.
(ii)
A puts bait for dogs in his pocket, and
thus induces Z’s do to follow it. Here, if A’s intention be dishonestly to take
Z’s dog out of Z’s possession without Z’s consent, A has committed theft as
soon as Z’s dog began to follow A.
(iii)
A being Z’s servant, and entrusted by Z
with the care of Z’s plate, dishonestly runs away with the plate, without Z’s
consent. A has committed theft.
(iv)
A is paramour of Z’s wife. She gives A
valuable property, which A knows to belong to her husband Z, and to be such
property as she has no authority from Z to give. If A takes the property dishonestly,
he commits theft.
(v)
A in good faith, believing property
belonging to Z to be A’s own property takes that property out of Z’s
possession. Here, as A does not take dishonestly, it does not commit theft
Hence, essentials of
theft are:
1.
Dishonest intention to take property
2.
The property must be movable
3.
It should be taken out of the possession
of another person
4.
The person should be taken without the
consent of the person in possession of it
5.
There must be some removal of the
property in order to accomplish the taking of it
Section
379
Punishment
for Theft
Imprisonment of either
description for a term which may extend to three years or with fine or with
both
Section
380
Theft
in Dwelling House etc.
Whoever commits theft
in any building, tent, or vessel which building, tent or vessel is used as a
human dwelling, or used for the custody of property, shall be punished with
imprisonment of either description for a term which may extend to seven years
and shall also be liable to fine.
Section
381
Theft
by clerk or servant of property in possession of master or employer
Whoever commits theft
so shall be punished with imprisonment of either description for a term which
may extend to seven years and shall also be liable to fine.
Section
382
Theft
after preparation made for causing death, hurt or restraint in order to the
committing of theft
Whoever commits theft
preparation made for causing death, hurt or restraint in order to the
committing of theft or in order to the effecting of his escape after the
committing of such theft or in order to the retaining of property taken by such
theft, shall be punished with rigorous imprisonment for a term which may extend
to ten years and fine.
Section
383
Whoever
intentionally puts any person in fear or any injury to the person (or to any
other) and thereby dishonestly induces the person to put in fear to deliver to
any person –
(i)
Any property, or
(ii)
Valuable security, or
(iii)
Anything signed, or sealed which may be
converted into a valuable security – commits “extortion”. For example –
(a)
A threatens to publish a defamatory
libel concerning Z, unless Z gives money. He thus induces Z to give him money.
A has committed extortion.
(b)
A threatens Z that he will keep Z’s
child in wrongful confinement; unless Z will sign and deliver to A a promissory
note binding Z to pay certain money to A. Z signs and delivers the note. A has
committed extortion.
(c)
A threatens to send club men to plough
up Z’s field unless Z will sign and deliver to B a bond binding Z under a
penalty to deliver certain produce to B, and thereby induces Z to sign and
deliver the bond. A has committed extortion.
(d)
A, by putting Z in fear of grievous
hurt, dishonestly induces Z to sign or affix his seal to a blank paper and
deliver the paper to A. Here, as the paper so signed may be converted into a
valuable security, A has committed extortion.
Essentials of Extortion
– The ingredients of extortion are as under –
(i)
Intentionally putting any person in fear
of injury to himself or another; and thereby –
(ii)
Dishonestly inducing such person to
deliver any property or valuable security to any person. For Example –
(a) Emp.
Vs. Fazlur Rahman, (1929) 9 Pat, 725 – Where a Mukhtar in a criminal case
threatened, with intent to extort money, to put questions to prosecution
witnesses which were irrelevant, scandalous and indecent, and which were
intended to annoy and insult, it was held that he had committed an offence
under this section.
(b) Emp.
Vs. Chaturbhai, (1922) 45 All 137 – A cloth-seller was threatened with the
imposition of a fine if he continued to sell foreign cloth. He continued to
sell such cloth, and to enforce payment of the fine, his shop was picketed for
two hours and he lost a certain amount of business and ultimately paid the
fine. It was held that the person responsible for the picketing was guilty of
an offence under this section.
Section
384
Punishment
for Extortion
Imprisonment of either
description for a term which may extend to three years or with fine or with
both.
Section
385
Putting
person in fear of injury in order to commit extortion
Whoever in order to the
committing of extortion puts any person in fear or attempts to put any person
in fear or attempts to put any person in fear of any injury, shall be punished
with imprisonment of either description for a term which may extend to two years
or with fine or with both.
Section
386
Extortion
by putting a person in fear of death or grievous hurt
Whoever does this shall
be punished with imprisonment of either description for a term which may extend
to ten years and fine
Section
387
Putting
person in fear of death or of grievous hurt in order to commit extortion is
punishable with imprisonment of either description for a term which may extend
to seven years and fine
Section
388
Extortion
by threat of accusation of an offence punishable with death or imprisonment of
life etc.
Extortion by putting
any person in fear of an accusation against that person or any other of having
committed or attempted to commit any offence punishable with death or with
imprisonment for life, or with imprisonment for a term which may extend to ten
years, or of having attempted to induce any other person to commit such
offence, shall be punished with imprisonment of either description for a term
which may extend to ten years and fine; if the offence be one punishable under
section 377 (unnatural offences) of this code, may be punished with
imprisonment for life.
Section
389
Putting
person in fear or accusation of offence, in order to commit extortion
Extortion by putting
any person in fear of an accusation against that person or any other of having
committed or attempted to commit any offence punishable with death or with
imprisonment for life, or with imprisonment for a term which may extend to ten
years, shall be punished with imprisonment of either description for a term
which may extend to ten years and fine; if the offence be one punishable under
section 377 (unnatural offences) of this code, may be punished with
imprisonment for life.
Section
390
Robbery
According to section
390, “robbery”, runs thus – in all “robbery”, there is theft or extortion,
wrongful restraint or fear of such death, etc. The use of violence will not
convert the offence of theft into robbery, unless the violence be committed for
one of the ends specified in the section.
When extortion becomes
robbery?
1.
Putting a person in fear,
2.
Committing extortion by putting that
person in fear of instant death, instant hurt or instant wrongful restraint to
that person or to some other person, and
3.
By so putting in fear, inducing the
person to put in fear then and there to deliver up the thing extorted
Section
391
Dacoity
According to section
391, where 5 or more persons commit, or attempt to commit a robbery, or are
present and did such commission or is attempt – every one of them is said to
commit “dacoity”.
Note: Attempt to commit
dacoity as much punishable as the committing of dacoity itself.
Section
392
Punishment
for Robbery
Rigorous punishment for
a term which may extend to ten years and fine and if the robbery be committed
on highway between sunset and sunshine, the imprisonment may extend to fourteen
years.
Section
393
Attempt
to commit robbery
Rigorous punishment for
a term which may extend to seven years and fine
Section
394
Voluntarily
causing hurt in committing robbery
Rigorous punishment for
a term which may extend imprisonment for life or to ten years and fine
Section
395
Punishment
for Dacoity
Rigorous punishment for
a term which may extend imprisonment for life or to ten years and fine
Section
396
Dacoity
with Murder
Rigorous punishment for
a term which may extend imprisonment for life or to ten years and fine
Section
397
Robbery
or dacoity with attempt to cause death or grievous hurt
If the offender uses
any deadly weapon or causes grievous hurt to any person, so attempts to cause
death or grievous hurt to any person, Rigorous punishment for a term which may
extend imprisonment for life or to seven years and fine.
Section
398
Attempt
to commit robbery or dacoity when armed with deadly weapon
Imprisonment not less
than seven years
Section
400
Punishment
for belonging to gang of dacoits
Rigorous punishment for
a term which may extend imprisonment for life or to ten years and fine, if at
any time after the passing of the act, a person belong to a gang of persons
associated for the purpose of habitually committing dacoity.
Section
401
Punishment
for belonging to a gang of thieves
At any time after the
passing of this act, whoever belong to any wandering or other gang of persons
associated for the purpose of habitually committing theft or robbery, and not
being a gang of thugs or dacoits, shall be punished with rigorous imprisonment which
may extend to seven years and fine.
Section
402
Assembling
for the purpose of committing dacoity
Whoever, assembles for the purpose of
committing dacoity and shall be one of five or more persons assembled, shall be
punished with rigorous imprisonment for a term which may extend to seven years
and fine.
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