Crimes Against Property under Indian Penal Code

People own two types of property, movable and immovable. Concept of property is quite significant in modern times. Any offence with regard to either type of property is punishable under the provisions of criminal law. This article focuses on the categories and types of offences against property as under Indian Penal Code, 1860 (IPC).

Offences against property and their punishments are defined in Chapter XVII of Indian Penal Code in Sections 378 to 460. Mainly, ten offences are identified under Crimes against property under the IPC. Theft, Extortion, Robbery and dacoity, Criminal misappropriation of property, Criminal breach of trust, Receiving stolen property, Cheating, Fraudulent deed and disposition of property, Mischief, Criminal trespass.

Let’s look at some of these offences in detail.

THEFT

Section 378 defines the offence of 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, is said to commit theft.”[1]

There are five essentials of theft-[2]

1. Dishonest Intent.
2. Taking of movable property.
3. Out of possession of another person.
4. Without such person’s consent.
5. Moving the property in order to take it away.

Illustration:

1. A and B are friends and are studying together. One day A believing B’s book to be his own, takes it away with him, out of B’s possession. He does not do it dishonestly, hence, it does not constitute theft.
2. A visits B’s house and finds a ring on his table. He takes it away out of Z’s house without Z’s consent. A has committed theft.

Explanation:

1. As long as the thing (property) is attached to earth, i.e. not being movable property, it is not subjected to theft but as soon as it is cut from earth, it becomes capable of being subjected to theft.
2. A person is said to move a thing by removing an obstacle which prevented it from moving an obstacle which prevented it from moving or by separating it from any other thing, as well as by actually moving it. 
3. If a person by any means causes an animal to move, is said to move an animal. Anything subsequent moved by that animal is said to be moved by that animal.
4. The consent as mentioned in the definition may be expressed or implied or may be given by the person in possession or by any person having authority for that purpose either express or implied.

AGGRAVATED FORMS OF THEFT[3]

1. Theft in any building, tent or vessel used as human dwelling or for the custody of the property- Section 380.
2. Theft by clerk or servant of property in possession of master- Section 381
3. Theft after preparation made for causing death, or hurt or restraint or fear of death to any person in order to commit theft or effecting the escape afterwards or by retaining property taken by such theft- Section 382

Section 379 defines punishment for theft. It states “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.”

EXTORTION

Another offence under this category is Extortion which is defined under Section 383. It defines extortion as “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.”[4]

Illustration:

1. A threatens to kill Z’s son unless he delivers his property to A. He thus induces Z to transfer his property to A. A has committed extortion.
2. 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.

Difference between theft and extortion[5]

The difference between theft and extortion can be summarised as:

Punishment for extortion is defined under Section 384 as “Whoever commits extortion shall be punished with imprisonment for a term which may extend to three years, or with fine or with both.”

Essentials of extortion

1. Puts any person in fear of injury.
2. Dishonest inducement
3. Delivery of property or valuable security by the person put in fear to any person.

Aggravated forms of extortion.

Sec. 386 – Extortion by putting a person in fear of death or grievous hurt (Sec. 387 provides for an attempt to do so);

Sec. 388 – Extortion by threat of accusation of an offence punishable with death or imprisonment for life; and,

Sec. 389 – putting person in fear of accusation of offence, in order to commit extortion.

ROBBERY

Section 390 defines robbery which is aggravated form of either theft or extortion or both.

In all robbery there is either theft or extortion. When theft is robbery—Theft is “robbery” if, in order to the committing of the theft, or in committing the theft, or in carrying away or attempting to carry away property obtained by the theft, the offender, for that end, voluntarily causes or attempts to cause to any person death or hurt or wrongful restraint, or fear of instant death or of instant hurt, or of instant wrongful restraint.[6]

Illustration- A holds Z down, and fraudulently takes Zs money and jewels from Zs clothes, without Z’s consent. Here A has committed theft, and in order to the committing of that theft, has voluntarily caused wrongful restraint to Z. A has therefore committed robbery.

When extortion is robbery.—Extortion is “robbery” if the offend­er, at the time of committing the extortion, is in the presence of the person put in fear, and commits the extortion by putting that person in fear of instant death, of instant hurt, or of instant wrongful restraint to that person or to some other person, and, by so putting in fear, induces the person so put in fear then and there to deliver up the thing extorted.

Illustration-

1. A meets Z on the high road, shows a pistol, and demands Zs purse. Z surrenders his purse. Here A has extorted the purse from Z, by putting him in fear, of instant hurt, and being at the time of committing the extortion in his presence. A has therefore committed robbery.
2. A obtains property from Z by saying, your child is in the hands of my gang, and will be put to death unless you send us Rs. 10,000. This is extortion, and not robbery, unless Z is put in fear of the instant death of his child.

Explanation. —The offender is said to be present if he is sufficiently near to put the other person in fear of instant death, of instant hurt, or of instant wrongful restraint.

The main essence of the offence of robbery is the presence of imminent fear or violence. It indicates death, hurt, or wrongful confinement caused in order to commit theft or while committing theft.

Robbery {Theft + violence or fear of instant violence or Extortion + offender present + fear of instant violence + immediate delivery}

Punishment for Robbery-

Offence of robbery is punished with an imprisonment of ten years and fine. In case of attempt to commit robbery, it is punished with imprisonment of 7 years and fine.

Section 392 defines the punishment for robbery if it is committed on a highway between sunrise and sunset, the punishment is imprisonment for 14 years.

Dacoity

Offence of Dacoity has been defined in Section 391. It states “When five or more persons conjointly commit or attempt to commit a robbery, or where the whole number of persons conjointly committing or attempting to commit a robbery, and persons present and aiding such commission or attempt, amount to five or more, every person so committing, attempting or aiding, is said to commit dacoity.”[7]

The word conjointly refers to united or concerted action of the persons participating in the transaction. The persons should share the common intention of committing robbery.

Section 396- Dacoity with Murder

It states that if one person commits murder in dacoity, all of them will be liable for murder. In counting the number of offenders (thugs), the persons (abettors) present and aiding when the crime is committed are also counted. Thus, one person may commit or attempt to commit robbery, and four others may be present and helping in its commission or attempt.

Section 395 states punishment for dacoity as imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.

Dishonest Misappropriation of Property

Section 403 of Indian Penal Code states “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.”[8]

Illustration

A takes property belonging to Z out of Z’ possession in good faith, believing, at the 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.

Criminal Breach of Trust

Section 405 defines the offence of Criminal Breach of trust as “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 willfully suffers any other person so to do, commits criminal breach of trust.”

Punishment- Section 406 defines punishment for Criminal Breach of Trust as imprisonment of either description for a term which may extend to three years, or with fine, or with both.[9]

Cheating

It is the most common and heard of offence against property. IPC deals with it under sections 412-423. Section 416 defines ‘cheating by impersonation’ which is punished under section 419.  

[1] Indian Penal Code, 1860 – Section378.

[2] https://www.writinglaw.com/five-elements-of-theft-ipc/

[3] http://www.legalserviceindia.com/legal/article-2473-offences-against-property-under-indian-penal-code-1860-section-378-460-.html

[4] Indian Penal Code, 1860 Section 383

[5] https://www.srdlawnotes.com/2017/03/distinction-difference-between-theft.html

[6] https://indiankanoon.org/doc/1905008/

[7] Indian Penal Code 1860, Section-391

[8] Indian Penal Code,1860 Section- 403

[9] Indian Penal Code,1860 Section- 406

Author Details: Urvi Gupta