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Offences Against Property

The document discusses various offenses against property under Indian law including theft, robbery, extortion, dacoity, criminal misappropriation, criminal breach of trust, mischief, and criminal trespass. It provides detailed explanations of theft, the essential elements required for theft, and examples illustrating when theft has or has not been committed in different scenarios.

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78 views25 pages

Offences Against Property

The document discusses various offenses against property under Indian law including theft, robbery, extortion, dacoity, criminal misappropriation, criminal breach of trust, mischief, and criminal trespass. It provides detailed explanations of theft, the essential elements required for theft, and examples illustrating when theft has or has not been committed in different scenarios.

Uploaded by

viren duggal
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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OFFENCES AGAINST

PROPERTY
Only 2 Months
Remaining!
Law Entrance Exam 2021
Kriti Bhatnagar

● B.A LLB, NLIU Bhopal (2019)


● LLM, GNLU Gujarat (2020)
● Cleared UGC NET (2020)
● CLAT - All India Rank 339
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Apply Code:
KRITIB

KRITIB
1. Theft
2. Robbery
3. Extortion
4. Dacoity
5. Criminal misappropriation
6. Criminal breach of trust
7. Mischief
8. Criminal Trespass
Theft
According to Section 378, theft means dishonestly taking any
movable property out of the possession of a person. This taking
must always be without the concerned person’s consent.
Therefore, in order to constitute theft under IPC, the following
conditions must exist:
(1) The offender must have a dishonest intention to take
property;
(2) The property in question must always be a movable
property and not immovable;
(3) The offender must take the property out of the other person’s
possession without consent; and
(4) The offender must move the property to complete its taking.
Examples

(a) 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.

Is there theft when does it start?


Examples

(b) A puts a bait for dogs in his pocket, and thus induces Z’s dog to follow it.
Here, if A’s intention be dishonestly to take the dog out of Z’s possession
without Z’s consent. A has committed theft as soon as Z’s dog has begun to
follow A.

Is there theft ? When does it start


Examples

(c) A meets a bullock carrying a box of treasure. He drives the bullock in a


certain direction, in order that he may dishonestly take the treasure.

Is there theft, when does it start?


Examples

(d) 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.
(e) Z, going on a journey, entrusts his plate to A, the keeper of
the warehouse, till Z shall return. A carries the plate to a
goldsmith and sells it. Here the plate was not in Z’s
possession. It could not therefore be taken out of Z’s
possession, and A has not committed theft, though he may
have committed criminal breach of trust.
Examples

(f) A finds a ring belonging to Z on a table in the house which


Z occupies. Here the ring is in Z’s possession, and if A
dishonestly removes it, A commits theft.
(g) A finds a ring lying on the highroad, not in the possession
of any person. A by taking it, commits no theft, though he may
commit criminal misappropriation of property.
Examples

(h) A sees a ring belonging to Z lying on a table in Z’s house.


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 A, at the time of first moving
the ring, commits theft.
Examples

(i) A delivers his watch to Z, a jeweller, to be regulated. Z


carries it to his shop. 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. 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.
Examples
(j) If A owes money to Z for repairing the watch,
and if Z retains the watch lawfully as a security for
the debt, and A takes the watch out of Z’s
possession, with the intention of depriving Z of the
property as a security for his debt, he commits
theft, in as much as he takes it dishonestly.
Examples
(k) Again, if A, having pawned his watch to Z, takes
it out of Z’s possession without Z’s consent, not
having paid what he borrowed on the watch, he
commits theft, though the watch is his own
property in as much as he takes it dishonestly.
(l) A takes an article belonging to Z out of Z’s
possession, without Z’s consent, with the intention
of keeping it until he obtains money from Z as a
reward for its restoration. Here A takes dishonestly;
A has therefore committed theft.
SAMEERLIVE
KRITIB

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