OFFENCES AGAINST

PROPERTY
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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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KRITIB

KRITIB
1. Theft
2. Robbery
3. Extortion
4. Dacoity
5. Criminal misappropriation
6. Criminal breach of trust
7. Mischief
8. Criminal Trespass
Dishonest Misappropriation
Dishonest misappropriation of property.—Whoever
dishonestly misappropriates or converts to his own use any
movable property, shall be punished with imprisonment of
either description for a term which may extend to two years,
or with fine, or with both. Illustrations
(a) A takes property belonging to Z out of Z’s possession, in
good faith, believing, at any time when he takes it, that the
property belongs to himself. A is not guilty of theft; but if A,
after discovering his mistake, dishonestly appropriates the
property to his own use, he is guilty of an offence under this
section.
Dishonest Misappropriation
(b) A, being on friendly terms with Z, goes into Z’s library in Z’s
absence, and takes away a book without Z’s express consent.
Here, if A was under the impression that he had Z’s implied
consent to take the book for the purpose of reading it, A has
not committed theft. But, if A afterwards sells the book for his
own benefit, he is guilty of an offence under this section.
(c) A and B, being joint owners of a horse, A takes the horse out
of B’s possession, intending to use it. Here, as A has a right to
use the horse, he does not dishonestly misappropriate it. But, if
A sells the horse and appropriates the whole proceeds to his
own use, he is guilty of an offence under this section.
Criminal Breach of trust

Criminal breach of trust.—Whoever, being in any manner

entrusted with property, or with any dominion over property,
dishonestly misappropriates or converts to his own use that
property, or dishonestly uses or disposes of that property in
violation of any direction of law prescribing the mode in
which such trust is to be discharged, or of any legal contract,
express or implied, which he has made touching the
discharge of such trust, or wilfully suffers any other person so
to do, commits “criminal breach of trust”.
Illustrations

(a) A, being executor to the will of a deceased person,

dishonestly disobeys the law which directs him to divide the
effects according to the will, and appropriate them to his
own use. A has committed criminal breach of trust.
(b) A is a warehouse-keeper. Z going on a journey, entrusts
his furniture to A, under a contract that it shall be returned
on payment of a stipulated sum for warehouse room. A
dishonestly sells the goods. A has committed criminal breach
of trust.
(c) A, a revenue-officer, is entrusted with public money and is
either directed by law, or bound by a contract, express or im-
plied, with the Government, to pay into a certain treasury all
the public money which he holds. A dishonestly appropriates
the money. A has committed criminal breach of trust.
Criminal Trespass

Criminal trespass.—Whoever enters into or upon property in

the possession of another with intent to commit an offence
or to intimidate, insult or annoy any person in possession of
such property, or having lawfully entered into or upon such
property, unlawfully remains there with intent thereby to
intimidate, insult or annoy any such person, or with intent to
commit an offence, is said to commit “criminal trespass”.
Mischief

Mischief.—Whoever with intent to cause, or knowing that he is

likely to cause, wrongful loss or damage to the public or to any
person, causes the destruction of any property, or any such
change in any property or in the situation thereof as destroys or
diminishes its value or utility, or affects it injuriously, commits
“mischief”. Explanation 1.—It is not essential to the offence of
mischief that the offender should intend to cause loss or
damage to the owner of the property injured or destroyed. It is
sufficient if he intends to cause, or knows that he is likely to
cause, wrongful loss or damage to any person by injuring any
property, whether it belongs to that person or not.
Explanation 2.—Mischief may be committed by an act
affecting property belonging to the person who commits the
act, or to that person and others jointly. Illustrations
(a) A voluntarily burns a valuable security belonging to Z in-
tending to cause wrongful loss to Z. A has committed
mischief.
(b) A introduces water into an ice-house belonging to Z and
thus causes the ice to melt, intending wrongful loss to Z. A
has committed mischief.
(c) A voluntarily throws into a river a ring belonging to Z,
with the intention of thereby causing wrongful loss to Z. A
has committed mischief.
(d) A, knowing that his effects are about to be taken in
execution in order to satisfy a debt due from him to Z,
destroys those effects, with the intention of thereby
preventing Z from obtaining satisfaction of the debt, and of
thus causing damage to Z. A has committed mischief.
(e) A, having insured a ship, voluntarily causes the same to
be cast away, with the intention of causing damage to the
under-writers. A has committed mischief.
(f) A causes a ship to be cast away, intending thereby to
cause damage to Z who has lent money on bottomry on the
ship. A has committed mischief.
(g) A, having joint property with Z in a horse, shoots the
horse, intending thereby to cause wrongful loss to Z. A has
committed mischief.
(h) A causes cattle to enter upon a field belonging to Z,
intending to cause and knowing that he is likely to cause
damage to Z’s crop. A has committed mischief.
Question
A sees that D has died. Finding nobody in the room, A takes
off the ornaments from the body of D. Here A is liable for
a. Theft
b. Criminal Misapproporiation
c. Criminal Breach of trust
d. Dacoity
Question
Facts: A finds a ring belonging to Z on a table in the latter’s
house and puts the same under the carpet there with the intention
of taking it afterwards. The ring still lies in the house of Z
undetected. Later, A, by a change of mind, decides not to take the
ring. Has he still committed any crime?
Issue: What offence, if any, has been com- mitted?
Decision:
(a) A is not guilty of theft as he had changed his mind.
(b) It is a case of criminal misappropria- tion.
(c) A at the time of first moving the ring commits theft, it does not
matter that he later changes his mind
Facts: A, a washer man, washed a carpet on the bank of a
river and hung it up there to dry. A went to eat his lunch
when B, a boatman, tempted by the look of the car- pet,
moved it to furnish his boat for a day and thereafter return it
back to A. Before B could run away with the carpet he was
apprehended by A.
Issue: What offence, if any, has been committed?
Decision:
(a) B is not guilty of theft.
(b) No offence can be made against B.
(c) B is guilty of theft.
Facts: X took away Y’s purse from his pocket while he was
asleep. On getting up Y found the purse in X’s hand. He asked X
to return it to him, where upon X cursed him and threatened
him with dire conse- quences if he attempted to take the purse
or to inform the police. Y struck by X’s fear kept quiet. However,
some bystanders reported the matter to the police.
Issue: What offence, if any, has been com- mitted?
Decision:
(a) X is guilty of criminal intimidation.
(b) X is not guilty because mere being the
purse to be in the hands of X does not
amount to theft.
(c) X can be prosecuted for the offence of
committing theft.
Facts: A gave his tape recorder to B for repairs who promises
to carry out the re- pairs within two days. The repair charges
were settled at Rs 300. B completed the repairs within time,
satisfactorily. A with no intention to pay took away the tape
recorder from B’s shop in his absence. Issue: What offence, if
any, has been com- mitted? Decision:
(a) A is guilty of theft.
(b) A is not guilty of theft.
(c) A is guilty of criminal misappropriation.
(d) A is guilty of cheating.
Facts: A, in good faith, believing to be his own bag takes the
bag which indeed be- longs to Z. Later, A discovers the truth
but nevertheless keeps it and does not return it to the
owner.
Issue: What offence, if any, has been com- mitted?
Decision:
(a) A is not guilty of any offence.
(b) A is guilty of the offence of criminal misappropriation
(c) A is guilty of attempt to theft.
(d) A is guilty of theft
Facts: X finds a brief case at the railway station. After trying
hard to find the own- er, he brought the brief case to his house.
When opened, he found Rs 25000 cash in it with no indication
as to whom it be- longed. He notified in ‘lost and found’ column
of all the leading English dailies of the city asking the owner of
the ‘lost’ brief case to collect it from X. After waiting for about
one month, X utilized the money in purchasing a scooter.
Issue: What offence, if any, has been com- mitted?
Decision:
(a) X has committed the offence of criminal misappropriation.
(b) No conclusive decision can be drawn.
(c) X hasn’t committed any offence, as he
didn’t take or misappropriated prop- erty dishonestly and used
reasonable means to discover the owner.
Principle : Theft is dishonest moving of property with the
intention of taking it out for the person's possession without
his consent.
Fact: A gives his woollen coat to a dry cleaner along with his
wife's sarees for the purpose of dry cleaning. He is told to
collect the cloths after two days. When he comes after two
days, he finds that he does not have enough money to pay to
the dry cleaner. But since due to the winter, he needs the
coat desperately, he surreptitiously places the coat near his
other goods so that he can quietly take it without the
knowledge of the dry cleaner.
1. A is guilty of theft
2. A is not guilt of theft but has to pay compensation.
3. A is not guilty of theft
4. None of the above
SAMEERLIVE
KRITIB