Offences Against Property

Theft (s.303(1); IPC s.378): 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.

Five ingredients: (1) dishonest intention (to cause wrongful gain or wrongful loss); (2) the property must be movable (things attached to earth are movable once severed); (3) it must be taken out of the possession of another person (a person's possession can be constructive); (4) taken without consent; (5) there must be some moving of the property.

Punishment: s.303(2): imprisonment up to three years, or fine, or both; repeat offenders: rigorous imprisonment of one to five years and fine. Community service where the value is less than ₹5,000, the accused is a first-time convict and has returned or restored the value (new).

Aggravated forms: theft in a dwelling house, means of transportation or place of worship (s.305; IPC 380); theft by clerk or servant (s.306; IPC 381); theft after preparation to cause death, hurt or restraint (s.307; IPC 382).

Snatching (s.304; new): theft becomes snatching when, to commit theft, the offender suddenly or quickly or forcibly seizes, secures, grabs or takes away any movable property from a person or from his possession. Punishment: up to three years and fine.

Cases: K.N. Mehra v. State of Rajasthan (1957) (two pilots, taking an aeroplane from the aerodrome with a dishonest intention to use it for a flight and not to return it; the moving of the aircraft amounted to theft); Pyare Lal Bhargava v. State of Rajasthan (1963) (a government servant removing a file from the custody of an office temporarily for a bribe committed theft; the temporary taking is enough when dishonest intention exists); Pyare Lal is the standard answer on the temporary taking question. Distinguish taking (theft) and taking by consent induced by fear (extortion).

Definition (s.308(1); IPC s.383): whoever intentionally puts any person in fear of any injury to that person or any other, and thereby dishonestly induces the person so put in fear to deliver to any person any property, valuable security, or anything signed or sealed which may be converted into a valuable security, commits extortion.

Elements: (1) intentionally putting a person in fear of injury; (2) the fear is of injury to that person or another; (3) dishonestly inducing the person to deliver; (4) delivery of property or valuable security. If the person is not actually induced to deliver, there is attempt to extort (s.308(3) type provisions).

Punishment (illustrative): extortion up to seven years or fine or both; putting a person in fear of death or grievous hurt in order to extort: up to ten years and fine; fear of an accusation of an offence punishable with death, life or ten years: up to ten years and fine. (Check sub-section letters in the Act.)

Case: R.S. Nayak v. A.R. Antulay (1986) (the Court noted that the essence of extortion is the inducement to deliver; mere demand is not extortion).

Robbery (s.309(1); IPC s.390): all robbery has either theft or extortion. Theft is robbery if, in committing the theft or in carrying away or attempting to carry away the property, the offender voluntarily causes or attempts to cause death, hurt or wrongful restraint, or fear of instant death, instant hurt or instant wrongful restraint. 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, instant hurt or instant wrongful restraint to that person or another, and thereby induces the person then and there to deliver up the thing extorted.

Punishment: robbery: rigorous imprisonment up to ten years and fine; if on the highway between sunset and sunrise: up to fourteen years; robbery with hurt or attempts to cause death or grievous hurt carry higher punishments (up to life). The minimum punishment of seven years applies where the robber uses a deadly weapon (IPC 397: not less than seven years).

Dacoity (s.310(2); IPC s.391): 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. Punishment: life imprisonment or rigorous imprisonment up to ten years and fine. Dacoity with murder (s.310(3); IPC 396): death, life imprisonment, or rigorous imprisonment not less than ten years, and fine, for every member of the gang if any one commits murder. Preparation to commit dacoity, assembling for the purpose and belonging to a gang of dacoits (IPC 399, 400, 402) are separately punishable, as is belonging to a gang of thieves (IPC 401; see also BNS provisions on gangs).

Cases: Venu v. State of Punjab (2008) (the force must be used at the time of theft in order to constitute robbery); Ram Lakhan v. State of U.P. (1983); Shyam Behari v. State of U.P. (1957) (when the offence is dacoity, all members are liable for the death caused; common intention).

Criminal misappropriation (s.314; IPC s.403): dishonestly misappropriates or converts to his own use any movable property. The property comes into possession innocently (e.g., found property), and dishonest intention arises later. Punishment: imprisonment of six months to two years and fine (the BNS prescribes a minimum, unlike the IPC's maximum of two years only). Property of a deceased person s.315 (IPC 404).

Criminal breach of trust (s.316(1); IPC s.405): whoever, being in any manner entrusted with property, or with dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of it 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 wilfully suffers any other person to do so, commits criminal breach of trust.

Punishment: s.316(2) general CBT: up to five years or fine or both; carrier, wharfinger or warehouse-keeper (IPC 407); clerk or servant (IPC 408): up to seven years and fine; public servant, banker, merchant, factor, broker, attorney or agent (IPC 409): imprisonment for life or up to ten years and fine.

Differences: Misappropriation: property comes innocently; CBT: property entrusted (a special relationship of trust) and misappropriated. CBT is aggravated misappropriation.

Cases: R.K. Dalmia v. Delhi Administration (1962) (entrusted property can include a company's funds; directors of a company can commit CBT); Velji Raghavji Patel v. State of Maharashtra (1965) (a partner who misappropriates partnership property is not guilty of CBT unless the property is entrusted separately; the partner is a co-owner); Jaswantrai Manilal Akhaney v. State of Bombay (1956); Ram Narayan Popli v. CBI (2003) (CBT; public servant and bank officers); S.W. Palanitkar v. State of Bihar (2001) (CBT vs cheating).

Stolen property (s.317; IPC 410-414): property transferred by theft, extortion, robbery, criminal misappropriation or CBT is "stolen property". Dishonestly receiving stolen property: up to three years; habitually dealing: life or up to ten years; assisting in concealment: up to three years.

Definition (s.318(1); IPC s.415): whoever, by deceiving any person, fraudulently or dishonestly induces the person deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to cheat.

Essentials: (1) deception (by words, conduct or concealment of facts); (2) fraudulent or dishonest inducement; (3) delivery of property or an act/omission; (4) damage or harm (body, mind, reputation, property). Mens rea at the time of making the promise is critical.

Punishment: s.318(2): up to three years or fine or both; s.318(3): cheating a person whose interest the offender is bound to protect: up to five years; s.318(4) (IPC 420): cheating and dishonestly inducing delivery of property or making/altering a valuable security: up to seven years and fine.

Cheating by personation s.319 (IPC 416, 419): pretending to be some other person; up to five years (online personation too).

Case law: Hridaya Ranjan Prasad Verma v. State of Bihar (2000) (distinction between mere breach of contract and cheating: cheating needs dishonest intention at the beginning); Iridium India Telecom v. Motorola (2011); Indian Oil Corporation v. NEPC India Ltd (2006) (a civil dispute should not be dressed as a criminal case); Ram Jas v. State of U.P. (1970).

Mischief: intention or knowledge of likely to cause wrongful loss or damage to the public or any person, causing the destruction of any property or any such change in it that its value or utility is destroyed or diminished. Wrongful loss or gain need not be dishonest; the ownership of the property is irrelevant (even the owner can commit mischief against a co-owner).

Aggravated mischief: by fire or explosive (IPC 435-436), mischief to dwelling or a vessel, mischief by injury to public road, bridge, or inundation. Punishments rise from six months (simple) to ten years or life in the gravest forms.

Criminal trespass (s.329(1); IPC s.441): entering into or upon property in possession of another with intent to commit an offence or to intimidate, insult or annoy the person in possession, or remaining unlawfully with that intent. House-trespass (IPC 442): criminal trespass by entering into a building, tent or vessel used as a human dwelling, or as a place of worship or custody of property. Lurking house-trespass (IPC 443): taking precautions to conceal; house-breaking (s.331; IPC 445): six ways (e.g., through an opening made by the trespasser; by removal of a fastening). Lurking house-trespass or house-breaking by night (IPC 456-457) is punished more severely; by night means sunset to sunrise.

Specific offences: house-trespass to commit an offence punishable with death, life imprisonment, or imprisonment (s.332; IPC 449-451); house-trespass after preparation for hurt, assault or wrongful restraint (s.333; IPC 452); dishonestly breaking open a receptacle containing property (s.334; IPC 461).

Illustration: entering another's house with intent to commit theft is house-trespass.

Making a false document (s.335; IPC s.464): dishonestly or fraudulently making, signing, sealing or executing a document or electronic record, or part of it, with the intention of causing it to be believed that it was made by the authority of a person who did not make it, or by altering the document without lawful authority, or by causing a person of unsound mind or intoxicated to sign it. Forgery (s.336; IPC s.463): making a false document or false electronic record with intent to cause damage or injury to the public or any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract, or with intent to commit fraud. Punishment: up to two years or fine or both (basic); forgery of a valuable security or will, for the purpose of cheating and record of a court attract higher punishments (up to seven years to life in some forms).

Case: Mohammed Ibrahim v. State of Bihar (2009) (making a false document means making with the intention of forgery; mere false statement in a sale deed is not forgery).