Meaning of Theft
One of the most common offences listed in the Indian Penal Code (IPC) is theft. The act of taking movable property out of a person’s possession without that person’s consent and with the intent of stealing from them of that property is described in Section 378 of the IPC.
Essential Elements of Theft under IPC
- Dishonest intention: The offender must have the intention to take the property dishonestly, which means he must not have the consent of the owner of the property.
- Taking of movable property: The property that is taken must be movable, i.e., capable of being carried away.
- From the possession of another person: The property must be taken from the possession of another person, who is not the offender.
- Without the consent of the owner: The offender must take the property without the consent of the owner.
- Without any claim of right: The offender must not have any claim of right over the property taken.
- Intention to cause wrongful gain or loss: The offender must have the intention to cause wrongful gain to himself or wrongful loss to the owner of the property.
Punishment of Theft
- Section 379: 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.
- Section 380: Whoever commits theft in any building, tent or vessel, which building, tent or vessel is used as a human dwelling or used for the custody of property, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
- Section 381: Whoever commits theft of any property, the value of which exceeds one thousand rupees, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.
- Section 382: Whoever commits theft after preparation made for causing death, or hurt or restraint, or fear of death, or of hurt, or of restraint, shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.
- Section 390: Whoever commits theft by making use of force or any other person to aid in committing the theft, or by assaulting or using criminal force to any person, shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.
