Section 378 IPC (Theft)

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.
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.
Explanation 2
A moving effected by the same act which affects the severance may be a
theft.
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.
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.
Explanation 5
The consent mentioned in the definition 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.
(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. As soon
as the bullock begins to move, A has committed theft of the treasure.
(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.
(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.
(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.
(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.
(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.
(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.
(m) 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 for the purpose merely
of reading it, and with the intention of returning it. Here, it is probable that A
 may have conceived that he had Z`s implied consent to use Z`s book. If this
was A`s impression, A has not committed theft.
(n) A asks charity from Z`s wife. She gives A money, food and clothes, which
A knows to belong to Z her husband. Here it is probable that A may conceive
that Z`s wife is authorised to give away alms. If this was A`s impression, A
has not committed theft.
(o) A is the 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.
(p) A, in good faith, believing property belonging to Z to be A`s own
property, takes that property out of B`s possession. Here, as A does not take
dishonestly, he does not commit theft.
Section 379 IPC. states that “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."
Ingredients for Theft
 Dishonest intention to take the property;
 The property must be moveable;
 It should be taken out of the possession of another person;
 It should be taken without the consent of that person;
 There must be some moving of the property to accomplish it's taking;
Section 383 IPC 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".
Section 384. Punishment for extortion. —Whoever commits extortion shall be
punished with imprisonment of either description for a term which may
extend to three years, or with fine, or with both.

Essential elements of extortion

 Deliberately putting a person in fear of hurt or injury. A person must have a
mala fide motive to cause a wrongful gain to the extortioner and wrongful
loss to the owner. ...
 Dishonest inducement to the person. ...
 Delivery of valuable security.
DIFFERENCE BETWEEN THEFT AND EXTORTION

Theft
 Extortion

1. In extortion, the
1. In theft, the property is
consent of the owner is
taken away without the
obtained, but
owner’s consent.
unlawfully.

2. Subject matter Theft is only

2. Property may be
in respect of the movable
movable or immovable.
property.

3. There is no element of force 3. Element of force is

in theft. necessary for extortion.

4. There is dishonest removal 4. The property is

of property. delivered with consent.

5. Property must be moved by 5. Delivery of property

a person who is committing or valuables must be
the crime. made by the owner.

6. Example: M is K’s servant. M 6. C induces D to give

dishonestly and without money otherwise she
knowledge of K, the watch in will kill her daughter. C
K’s house was taken away by committed extortion
M. This amounts to theft. here.