Theft, Extortion, Robbery, Dacoity & Cheating: THEFT Whoever, intending to take dishonestly any movable property out of the …
Theft, Extortion, Robbery, Dacoity & Cheating:
THEFT
Whoever,
intending to take dishonestly any movable property out of the possession of any
person without that persons consent, moves that property in order to such
taking is said to commit theft.
intending to take dishonestly any movable property out of the possession of any
person without that persons 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 subject of theft, but it becomes capable of being the subject of theft as
some as it is severed from the earth.
-1:
A Thing so long as it is attached to the earth, not being movable property, is
not subject of theft, but it becomes capable of being the subject of theft as
some as it is severed from the earth.
For eg: A tree
cut down/severed from the earth, now it is movable property.
cut down/severed from the earth, now it is movable property.
Explanation
-2:
A moving affected by the same act which affects the severance may be a theft.
-2:
A moving affected 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 many other things, as well as
by actually moving it.
-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 many other things, as well as
by actually moving it.
Explanation
-4:
A person, who by any means causes an animal to move everything in which in
consequence of the motion so caused is moved by that animal.
-4:
A person, who by any means causes an animal to move everything in 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.
-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.
Imp.
Points
Points
(1)
Clay, stones, windows, animal, crop,
severed tree, idol, electricity, water, Gas- Subject matter of theft.
Clay, stones, windows, animal, crop,
severed tree, idol, electricity, water, Gas- Subject matter of theft.
(2)
Resnillius (things belonging to no
one) Human body not subject matter of theft.
Resnillius (things belonging to no
one) Human body not subject matter of theft.
(3)
For Possession it is not essential
that possession should be in knowledge of the Position of the Movable property
or where it is laying.
For Possession it is not essential
that possession should be in knowledge of the Position of the Movable property
or where it is laying.
(4)
Law Recognized both actual as well as
:-
Law Recognized both actual as well as
:-
Ø Possession
is more important than ownership.
is more important than ownership.
Ø Animus
Furandi: wrongful gain to one person and wrongful loss to the other.
Furandi: wrongful gain to one person and wrongful loss to the other.
Ø Dishonest
Intention must exist at the time of taking of the thing.
Intention must exist at the time of taking of the thing.
Ø Consent
may be express or implied.
may be express or implied.
Ø Moving
that there should be moving of the property
that there should be moving of the property
Extortion
(1) Intentionally
put any person in fear of any injury.
put any person in fear of any injury.
(a)
To that person
To that person
(b)
To any other, and thereby
To any other, and thereby
(2) Dishonesty induces the person so put in
fear.
fear.
(3) To deliver to any person
(a)
Any valuable security
Any valuable security
(b) Anything
signed or sealed which may be converted into valuable security commits
extortion.
signed or sealed which may be converted into valuable security commits
extortion.
Example:
(1)
A threatens to published a defamatory
statement concerning Z unless, Z gives money. He induces Z to give money A has
committed extortion.
A threatens to published a defamatory
statement concerning Z unless, Z gives money. He induces Z to give money A has
committed extortion.
(2)
A by putting Z in fear of grievous
hurt dishonesty induces Z to sign or affix his seal to a blank paper and
delivers it to “A”. “Z” signs and delivers the paper to “A” the paper may be
converted into valuable security. A committed extortion.
A by putting Z in fear of grievous
hurt dishonesty induces Z to sign or affix his seal to a blank paper and
delivers it to “A”. “Z” signs and delivers the paper to “A” the paper may be
converted into valuable security. A committed extortion.
Robbery and Dacoity
Robbery – In
all robbery there is either theft or extortion.
all robbery there is either theft or extortion.
When
theft is robbery; theft is robbery
theft is robbery; theft is robbery
1.
In order to commit theft
In order to commit theft
2.
In carrying away or attempting to
carry away Property obtained by theft.
In carrying away or attempting to
carry away Property obtained by theft.
3.
The offender for that end voluntarily
causes or attempts to Cause to any person
The offender for that end voluntarily
causes or attempts to Cause to any person
(a)
Death, hurt or wrongful restraint or
Death, hurt or wrongful restraint or
(b)
Fear of instant death, instant hurt or
instant wrongful restraint.
Fear of instant death, instant hurt or
instant wrongful restraint.
Eg. : A holds Z down and fraudulently takes Z
money. A committed theft and to commit theft he has voluntarily caused wrongful
Restraint to Z. A has committed robbery.
money. A committed theft and to commit theft he has voluntarily caused wrongful
Restraint to Z. A has committed robbery.
When extortion is Robbery
(1)
If in the presence of the person put
in fear
If in the presence of the person put
in fear
(2)
By putting that person in instant fear
of death or of instant hurt or of instant wrongful restraint to the person.
By putting that person in instant fear
of death or of instant hurt or of instant wrongful restraint to the person.
(3)
By so putting in fear induces the
person so put in fear to deliver the property
By so putting in fear induces the
person so put in fear to deliver the property
Explanation: The offender is said to be present if he is
sufficiently near to put the other person in fear of instant death or instant
hurt or instant wrongful restraint
sufficiently near to put the other person in fear of instant death or instant
hurt or instant wrongful restraint
Eg:
A
meets Z on the high road shows Pistol and asked for purse Z surrender this is
extortion.
A
meets Z on the high road shows Pistol and asked for purse Z surrender this is
extortion.
(i)
A obtained property from Z by saying “your
child is in the hands of my gang” and also extracts money as ransom. This is
extortion and robery.
A obtained property from Z by saying “your
child is in the hands of my gang” and also extracts money as ransom. This is
extortion and robery.
DACOITY
When 5 or more
than 5 persons conjointly commit or attempt to commit a robbery.
than 5 persons conjointly commit or attempt to commit a robbery.
Persons
present and aiding such commission or attempting to commit the offence are also
liable for commiting dacoity.
present and aiding such commission or attempting to commit the offence are also
liable for commiting dacoity.
CRIMINAL
MISAPPROPRIATION OF PROPERTY
MISAPPROPRIATION OF PROPERTY
Dishonest
Misappropriation of Property
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.
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.
(1)
Misappropriation
Misappropriation
(2)
Converts to his own use
Converts to his own use
(3)
Movable property
Movable property
Note:
Finder
must try to find the owner he cannot readily use the property so found if he do
so he has committed offence under this section.
must try to find the owner he cannot readily use the property so found if he do
so he has committed offence under this section.
He must use reasonable means to discover
it.
it.
Practice exercise:
1. Which one of the following is not a correct
ingredient of the offence of theft?
ingredient of the offence of theft?
(A) Dishonest intention of take property
(B) Property must be movable
(C) Property must be taken without the consent
of the person in whose possession it is
of the person in whose possession it is
(D) Property must be taken without consent of
the owner of the property
the owner of the property
Ans: D
2. A puts his hand in the pocket of ‘B’ for
stealing money, but the pocket was empty. ‘A’ is guilty of—
stealing money, but the pocket was empty. ‘A’ is guilty of—
(A) Theft
(B) Attempt to commit theft
(C) Mischief
(D) No offence
Ans: B
3. Raju sees a cell phone belonging to Ram
lying on the table in Ram’s house. Raju hides the cell phone in Ram’s house in
such a place where Ram could not find it ever, due to the fear of immediate
search and detection. Raju did this with the intention of taking away the cell
phone from the hidden place when Ram forgets about and then sell it away. Is
Raju guilty of theft?
lying on the table in Ram’s house. Raju hides the cell phone in Ram’s house in
such a place where Ram could not find it ever, due to the fear of immediate
search and detection. Raju did this with the intention of taking away the cell
phone from the hidden place when Ram forgets about and then sell it away. Is
Raju guilty of theft?
A. Yes
B. No
Ans: A
4. The number of people required to commit
dacoity?
dacoity?
A. One
B. Two or more
C. Three
D. Five or more
Ans: D
5. A threatens to published a defamatory
statement concerning Z unless, Z gives money. He induces Z to give money. Has A
committed extortion?
statement concerning Z unless, Z gives money. He induces Z to give money. Has A
committed extortion?
A. Yes
B. No
Ans: A
6. A by putting Z in fear of grievous hurt
dishonesty induces Z to sign or affix his seal to a blank paper and delivers it
to “A”. “Z” signs and delivers the paper to “A” the paper may be converted into
valuable security. Has A committed extortion?
dishonesty induces Z to sign or affix his seal to a blank paper and delivers it
to “A”. “Z” signs and delivers the paper to “A” the paper may be converted into
valuable security. Has A committed extortion?
A. Yes
B. No
Ans: A
7. ‘A’ removes B’s book from his house without
his consent with the intention to return it to him if he as a friend rewards
him for the return. ‘A’ is liable for—
his consent with the intention to return it to him if he as a friend rewards
him for the return. ‘A’ is liable for—
(A) Theft
(B) Attempt to theft
(C) Criminal breach of trust
(D) Attempt to criminal breach of trust
Ans: A
8. In exercise of the right of private defence
of property death cannot be caused in the case of—
of property death cannot be caused in the case of—
(A) Robbery
(B) House breaking by night
(C) Mischief by fire in a dwelling house
(D) Theft
Ans: D
9. A police constable compels a person to
remain in police station on false case of theft and allowing him to go after
receiving money from him. He is liable for—
remain in police station on false case of theft and allowing him to go after
receiving money from him. He is liable for—
(A) Forgery
(B) Cheating
(C) Extortion
(D) Wrongful confinement
Ans: B
10. ‘A’ finds a purse with money, not knowing
to whom it belongs; he afterwards discovers that it belongs to ‘B’ and
appropriates to his own use. ‘A’ is guilty of—
to whom it belongs; he afterwards discovers that it belongs to ‘B’ and
appropriates to his own use. ‘A’ is guilty of—
(A) Theft
(B) Criminal misappropriation
(C) Criminal breach of trust
(D) Cheating
Ans:-B
