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Extortion

This document is an assignment on extortion under Sections 378 to 382 of the Indian Penal Code submitted by Anup Anil Kamble to Siddharth College of Law. It discusses the essential elements of theft under Section 378, punishments for theft under Sections 379-382, and provides examples of offenses that fall under these sections. Key points covered include the definition of theft, what constitutes a movable property, and increased punishments for theft committed in a dwelling or by a clerk against their employer.

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Pradnya Kamble
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68 views6 pages

Extortion

This document is an assignment on extortion under Sections 378 to 382 of the Indian Penal Code submitted by Anup Anil Kamble to Siddharth College of Law. It discusses the essential elements of theft under Section 378, punishments for theft under Sections 379-382, and provides examples of offenses that fall under these sections. Key points covered include the definition of theft, what constitutes a movable property, and increased punishments for theft committed in a dwelling or by a clerk against their employer.

Uploaded by

Pradnya Kamble
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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SIDDHARTH COLLEGE OF LAW

EXTORTION UNDER SECTION 378 TO 382


AN ASSIGNMENT SUBMITTED TO SIDDHARTH COLLEGE OF LAW
FOR 1ST YEAR LLB DEGREE COURSE

ANUP ANIL KAMBLE


ROLL NO 2076 / A
2020-2021

DATE – 28-07-2021

1
SR NO. INTRODUCTION PAGE
NO.
1. SECTION 378 3
2. SECTION 379 5
3. SECTION 380 5
4. SECTION 381 5
5. SECTION 382 6

2
EXTORTION UNDER SECTION 378 TO 382
IPC SECTION 378

Section 378- Theft


In common usage, theft is the taking of another person's property without that person's permission or consent
with the intent to deprive the rightful ownership of the property. The word is also used as an informal shorthand
term for some crimes against property, such as burglary, embezzlement, larceny, looting, robbery, shoplifting
and fraud.
The offence of theft is punishable with imprisonment of either description which may extend to 3 years, with
fine, or both according to the Indian Penal Code. The offence of theft, though cognizable and non-bailable, is
compoundable (where the accused and the victim can enter into a compromise to drop charges against the
accused). According to the criminal jurisprudence, where the offence is compoundable then generally it cannot
be termed as a serious offence. The seriousness and gravity of an offence can also be assessed by the fact and
circumstances involved in any incidence of crime.

What amounts to Theft under Section 378 of IPC?


According to Section 378 of the Indian Penal Code, 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.

Essentials of Theft (Section 378)


The court analyzed the offence of theft under section 378 and constituted the essential elements of theft as
follows:
1. The subject of theft should be a movable property;
2. It should be in the possession of anyone;
3. There should be a dishonest intention to take it out of that person’s possession without his consent and;
4. A moving in order to such taking.

3
What a moveable property is as mentioned under Section 378?
Movable property is defined under Section 22 of the Indian Penal Code as including ‘corporeal property of
every description except land and things attached to the earth, or permanently fastened to anything which is
attached to the earth’. Any part of the earth whether it be stones, or clay or sand or any other component when
severed from the earth is moveable property and is capable of being the subject of theft. A house cannot be the
subject of theft, but there may be theft of its materials. Cart-loads of earth, or stones carried away from the land
of another are subjects of theft.

As per the Explanations 1 and 2 to Section 378 of IPC, things attached to the land may become movable
property by severance from the earth, and that the act of severance may itself be theft. However, Human body
whether living or dead (except bodies, or portions thereof, or mummies preserved in museums and scientific
institutions) is not movable property.

Punishment for theft under the IPC


Punishment for theft has been stated under Section 379 of the Indian Penal Code. According to this Section of
Indian Penal Code, whoever commits theft shall be punished with imprisonment of either description for a term
which may extend to three years, or with fine, or with both. Under this section it has been stated that any person
who commits the offence of theft will be punished with an imprisonment for a term of three years or with fine
specified by the court or with both.

In Venkata Amy v. Emp., (1890)14 Mad. 229 where the accused, an employee in the Post Office, while
assisting in sorting letters took out two letters with the intention of handing them over to the delivery peon and
sharing with him certain money payable upon them. He was held guilty of theft and also of attempted criminal
misappropriation of property.

R. v. Bannon, (1844) 1 C & K 295 here 'B's' master knew about 'A's' plan, 'A' did not know as to what 'B's'
master's mind and therefore, this was not a valid consent, and thus the property was taken without the
possessor's consent.

4
IPC S. 379. Punishment for theft.

Punishment for theft.—Whoever commits theft shall be punished with imprisonment of either description for a
term which may extend to three years, or with fine, or with both.

DETAILS
Cognizable or not? Cognizable
Whether Bailable? Non-bailable
Compoundable or not? Compoundable by the owner of the property stolen
Triable by whom? Any Magistrate

IPC S.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.

STATE AMENDMENTS State of Tamil Nadu: Section 380 of the Indian Penal Code (Central Act XLV of
1860) (hereinafter in this Part referred to as the principal Act), shall be renumbered as sub-section (1) of that
section and after sub-section (1) as so renumbered, the following sub-section shall be added, namely

(2) Whoever commits theft in respect of any idol or icon in any building used as a place of worship shall be
punished with rigorous imprisonment for a term which shall not be less than two years but which may extend to
three years and with fine which shall not be less than two thousand rupees: Provided that the court may, for
adequate and special reasons to be mentioned in the judgment impose a sentence of imprisonment for a term of
less than two years." Vide Tamil Nadu Act 28 of 1993, sec.

IPC S.381Theft by clerk or servant of property in possession of master.


Whoever, being a clerk or servant, or being employed in the capacity of a clerk or servant, commits theft in
respect of any property in the possession of his master or employer, shall be punished with imprisonment of
either description for a term which may extend to seven years, and shall also be liable to fine.

5
Section 382 in The Indian Penal Code

Theft after preparation made for causing death, hurt or restraint in order to the committing of the
theft.—Whoever commits theft, having made preparation for causing death, or hurt, or restraint,
or fear of death, or of hurt, or of re-straint, to any person, in order to the committing of such
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 shall also be liable to fine. Illustrations

(a) A commits theft on property in Z’s possession; and, while committing this theft, he has a
loaded pistol under his garment, having provided this pistol for the purpose of hurting Z in case
Z should resist. A has committed the offence defined in this section.

(b) A picks Z’s pocket, having posted several of his companions near him, in order that they
may restrain Z, if Z should perceive what is passing and should resist, or should attempt to
apprehend A. A has committed the offence defined in this section. CLASSIFICATION OF
OFFENCE Punishment—Rigorous imprisonment for 10 years and fine—Cognizable on-
bailable—Triable by Magistrate of the first class

BIBLOGRAPHY

• GOOGLE
• INDIAN LEGAL SERVICE
• JHABWALA BOOK

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