OFFENCES AGAINST PROPERTY OF

1. THEFT

303. Theft
(Definition / Meaning)

(1) Whoever, intending to take dishonestly any movable 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.

o Explanation 1.—A thing so long as it is attached to the earth, not being

movable property, is not the subject of theft; but it becomes capable of being
the subject of theft as soon as it is severed from the earth.

o Explanation 2.—A moving e ected by the same act which e ects the
severance may be a theft.

o 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.

o 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.

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 o Explanation 5.—The consent mentioned in this section 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.

Illustrations :

(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. Here, as soon as A has
severed the tree in order to such taking, he has committed theft.

(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.

Essential elements of theft :

1. Dishonest Intention
2. Movable property
3. Such movable property was in the possession of other person
4. Such movable property should be taken away
5. Absence of consent

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 (Punishment)

(2) 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 and in case of second or subsequent conviction of
any person under this section, he shall be punished with rigorous
imprisonment for a term which shall not be less than one year but
which may extend to five years and with fine:

Provided that in cases of theft where the value of the stolen property
is less than five thousand rupees, and a person is convicted for the
first time, shall upon return of the value of property or restoration of
the stolen property, shall be punished with community service.

 Classification of o ence :- The o ence of theft is cognizable, non-bailable,

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compoundable and triable by any Magistrate.

Where value of property is less than 5,000 rupees, it is non-cognizable,

bailable, compoundable and triable by any Magistrate.

304. Snatching *(New)*

(Definition / Meaning)

(1) Theft is snatching, if in order to commit theft, the o ender suddenly

or quickly or forcibly seizes or secures or grabs or takes away from
any person or from his possession any moveable property.

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 (Punishment)
(2) Whoever commits snatching, shall be punished with imprisonment
of either description for a term which may extend to three years, and
shall also ne liable to fine.

 Classification of o ence :- The o ence under this section is cognizable, non-

bailable, non- compoundable and triable by any Magistrate.

305. Theft in dwelling house, or means of transportation or place

of worship, etc.

Whoever commits theft-

(a) in any building, tent or vessel used as a human dwelling or used for
the custody of property; or
(b) of any means of transport used for the transport of goods or
passengers; or
(c) of any article or goods from any means of transport used for the
transport of goods or passengers; or
(d) 0f idol or icon in any place of worship; or
(e) 0f any property of the Government or of a local authority,

shall be punished with imprisonment of either description for a

term which may extend to seven years, and shall also be liable to
fine.

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 Classification of o ence :- The o ence under this section is cognizable, non-
bailable, non-compoundable and triable by any Magistrate.

306. Theft 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.

 Classification of o ence :- The o ence under this section is cognizable, non-

bailable, compoundable with permission of the Court before which any
prosecution of such o ence is pending and triable by any Magistrate.

307. Theft after preparation made for causing death, hurt or

restraint in order to committing of theft –

Whoever commits theft, having made preparation for causing death,

or hurt, or restraint, or fear of death, or of hurt, or of restraint, to any
person, in order to the committing of such theft, or in order to the
e ecting of his escape after the committing of such theft, or in order
to the retaining of property taken by such theft, shall be punished

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 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 o ence
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 o ence
defined in this section.

 Classification of o ence :- The o ence under this section is cognizable, non-

bailable, non-compoundable and triable by Magistrate of the first class.

Case Law :
In Mohan Lal v. State of Punjab, Mohan Lal was accused of stealing a
motorcycle from a parking area. The motorcycle belonged to a government
employee, and it was parked in a public place. The prosecution presented
evidence, including : Testimonies from witnesses who saw Mohan Lal near the
motorcycle before it was reported stolen. Circumstantial evidence, such as the
recovery of the motorcycle from a location associated with Mohan Lal. The
defense argued that there was insu icient evidence to prove that Mohan Lal
had taken the motorcycle with dishonest intent. They claimed it could have
been moved by someone else, and Mohan Lal was merely a scapegoat. The trial
court convicted Mohan Lal, emphasizing the prosecution's evidence and the

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 circumstances surrounding the case. The court held that the testimonies were
credible and established a strong link between the accused and the theft of the
motorcycle.

Legal Provisions
The case primarily involved Section 378 (Now, section 303-1 of BNS) (Theft)
and Section 379 (Now, section 303-2 of BNS) (Punishment for Theft) of the IPC
:
1. Section 378 defines theft as "whoever, intending to take dishonestly any
movable property out of the possession of any person, without that
person's consent, moves that property in order to such taking."
2. Section 379 prescribes the punishment for theft, which can extend to
three years of imprisonment or a fine, or both.

2. EXTORTION

308. Extortion
(1) Whoever intentionally puts any person in fear of any injury to that
person, or to any other, and thereby dishonestly induces the person so
put in fear to deliver to any person any property, or valuable security or
anything signed or sealed which may be converted into a valuable
security, commits extortion.

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(2) Whoever commits extortion shall be punished with imprisonment of
either description for a term which may extend to seven years, or with
fine, or with both.

(3) Whoever, in order to the committing of extortion, puts 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.

(4) Whoever, in order to the committing of extortion, puts or attempts to put

any person in FEAR OF DEATH or GRIEVOUS HURT to that person or to
any other, 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) Whoever commits extortion by putting any person in FEAR OF DEATH

or GRIEVOUS HURT to that person or to any other, shall be punished with
imprisonment of either description for a term which may extend to ten
years, and shall also be liable to fine.

(6) Whoever, in order to the committing of extortion, puts or attempts to put

any person in fear of an accusation, against that person or any other, of
having committed, or attempted to commit, an OFFENCE PUNISHABLE
with DEATH or 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 shall also be liable to fine.

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(7) Whoever commits extortion by putting any person in fear of an accusation
against that person or any other, of having committed or attempted to
commit any o ence 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 o ence, shall
be punished with imprisonment of either description for a term which may
extend to ten years, and shall also be liable to fine.

Illustrations :
(a) A threatens to publish a defamatory libel concerning Z unless Z gives him
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 monies to A. Z sings
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 signs and deliver the bond. A has committed extortion.

(d) A, by putting Z in fear of grievous hurt, dishonestly induces Z to sign or a ix his

seal to a blank paper and deliver it to A. Z signs and delivers the paper to A. Here, as
the paper so signed may be converted into a valuable security. A has committed
extortion.

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 (e) A threatens Z by sending a message through an electronic device that “Your
child is in my possession, and will be put to death unless you send me one lakh
rupees.” A thus induces Z to give him money. A has committed “extortion”.

Case Law :

In Romesh Chandra Arora v. the State (1960), the accused took a picture of a naked
boy and a girl by forcing them to take o their clothes and extorted all the money from
them by threatening to publish the picture. Accused said it was his occupation to
extort money by blackmailing girls and further he threatened the victims that he
would circulate the pictures to the relatives of the girls. He was punishable under
Code. Accused was held guilty as he threatened girls that he would ruin their
reputation and extort money from them.

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