Law of Crimes II (Offences Against Property) - B.B.A. LL.B. (Hons.) Semester III PDF

1 Megha Garg, Assistant Professor, Faculty of Law, GLS University  The provisions for Offences against Property are contained in Chapter XVII of the Bhartiya Nyaya Sanhita, 2023....

1 Megha Garg, Assistant Professor, Faculty of Law, GLS University  The provisions for Offences against Property are contained in Chapter XVII of the Bhartiya Nyaya Sanhita, 2023. “dishonestly” has been  The basic element common to the offences under this chapter is “dishonesty”. defined in Section 2(7) of  In view of the wide range of illegal deprivation of property, offences are divided under the the Sanhita as “doing Chapter as follows: anything with an intention of - Theft (Sections 303 to 307) - Receiving stolen property (Section 317) causing wrongful gain - Extortion (Section 308) - Cheating (Sections 318 to 319) to one person or wrongful - Robbery and Dacoity (Sections 309 to 313) - Fraudulent deeds and dispositions of loss to another property (Sections 320 to 323) person - Criminal Misappropriation of Property (Sections 314 to 315) - Mischief (Sections 324 to 328) - Criminal Breach of Trust (Section 316) - Criminal Trespass (Sections 329 to 334) 2 3  Indian Penal Code, 1860 Bharatiya Nyaya Sanhita, 2023 Section Heading Section Heading 378 Theft 303(1) Theft 379 Punishment for theft 303(2) Theft 380 Theft in dwelling house, etc. 305 Theft in a dwelling house, or means of transportation or place of worship, etc. 381 Theft by clerk or servant of 306 Theft by clerk or servant of property in possession of master property in possession of master 382 Theft after preparation made for 307 Theft after preparation made for causing death, hurt or restraint in causing death, hurt or restraint in o order to the committing of the theft rder to the committing of theft 4  Introduction of “snatching” as an offence, separate from theft.  Introduction of stringent punishment for repeat offences of theft.  Introduction of community service as a form of punishment for petty theft.  Enlarged definition of theft under Section 305. 5  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. 6 1. Dishonest intention - Intention to cause wrongful gain to oneself or wrongful loss to the other. 2. Movable property – Defined under Section 2(21) as follows: “movable property” includes property of every description, except land and things attached to the earth or permanently fastened to anything which is attached to the earth” Definition of movable property under BNS will include intangible assets like patents, copyrights, etc. as well. 7 2. It must have been taken out of the possession of another person 3. It must have been done without the consent of that person – consent may be express or implied 4. The property must have been actually removed 8 Identify whether theft has occurred in the following 9 illustrations.  A puts a bait for dogs in his pocket, with the dishonest intention of taking Z’s dog out of his possession. Does this act constitute as theft?  Z, going on a journey, entrusts his plate to A, the keeper of a warehouse, till Z shall return. A carries the plate to a goldsmith and sells it.  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. 10  Anil asks his neighbor, Rohan, if he can borrow Rohan's bicycle for the day to run some errands. Rohan agrees, and Anil takes the bicycle. However, days turn into weeks, and Anil does not return the bicycle despite Rohan's repeated requests. Anil uses the bicycle as if it were his own.  Ramesh, an employee, moves his employer’s machinery to a different location without informing or obtaining permission from his employer. He intends to use the machinery for personal work for a few days and then return it.  Amit and Rajesh jointly own a laptop. Amit takes the laptop to use exclusively for his personal work without informing Rajesh and does not return it for an extended period. 11  Imprisonment of either description for a term which may extend to three years, or with fine, or both.  In case of second or subsequent conviction, BNS prescribes rigorous imprisonment for a term which shall not be less than one year but which may extend to five years and with fine. 12  Proviso to Section 303(2) provides for the following: “in cases of theft where the value of the stolen property is less than five thousand rupees, and a person is convicted for the first time, shall upon return of the value of property or restoration of the stolen property, shall be punished with community service” 13  Theft is snatching if, in order to commit theft, the offender suddenly or quickly or forcibly seizes or secures or grabs or takes away from any person or from his possession any movable property.  Punishment - imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. 14  Whoever commits theft— (a) in any building, tent or vessel used as a human dwelling or used for the custody of property; or (b) of any means of transport used for the transport of goods or passengers; or (c) of any article or goods from any means of transport used for the transport of goods or passengers; or (d) of idol or icon in any place of worship; or (e) of any property of the Government or of a local authority, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 15  Whoever, being a clerk or servant, or being employed in the capacity of a clerk or servant, commits theft in respect of any property in the possession of his master or employer, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 16  Whoever commits theft, having made preparation for causing death, or hurt, or restraint, or fear of death, or of hurt, or of restraint, to any person, in order to the committing of such theft, or in order to the effecting of his escape after the committing of such theft, or in order to the retaining of property taken by such theft, shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine. 17  In K. N. Mehra v. State of Rajasthan AIR 1957 S.C. 369, SC held that proof of intention to cause permanent deprivation of property to the owner, or to obtain a personal gain is not necessary for the purpose of establishing dishonest intention.  In Pyarelal Bhargava vs State AIR 1963 S.C. 1094, a govt. employee took a file from the govt. office, presented it to B, and brought it back to the office after two days. It was held that permanent taking of the property is not required, even a temporary movement of the property with dishonest intention is enough and thus this was theft. 18 19  Indian Penal Code, 1860 Bharatiya Nyaya Sanhita, 2023 Section Heading Section Heading 383 Extortion 308(1) Extortion 384 Punishment for extortion 303(2) Extortion 385 Putting person in fear of injury in 308(3) Extortion order to commit extortion 386 Extortion by putting a person in fear of deat 308(5) Extortion h or grievous hurt 387 Putting person in fear of death or of grievou 307(4) Extortion s hurt, in order to commit extortion 388 Extortion by threat of accusation of an offen 308(7) Extortion ce punishable with death or imprisonment for life, etc. 389 Putting person in fear of accusation of offen 308(6) Extortion ce, in order to commit extortion 20 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. 21 Whoever commits extortion shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. 22 Identify whether extortion has occurred in the following 23 illustrations.  A threatens to publish a defamatory libel concerning Z unless Z gives him money. He thus induces Z to give him money.  A threatens Z that he will keep Z’s child in wrongful confinement, unless Z will sign and deliver to A a promissory note binding Z to pay certain monies to A. Z signs and delivers the note.  A, by putting Z in fear of grievous hurt, dishonestly induces Z to sign or affix his seal to a blank paper and deliver it to A. Z signs and delivers the paper to A. 24 Whoever, in order to the committing of extortion, puts any person in fear, or attempts to put any person in fear, of any injury, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. 25 Whoever, in order to the committing of extortion, puts or attempts to put any person in fear of death or of grievous hurt to that person or to any other, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 26 Whoever commits extortion by putting any person in fear of death or of grievous hurt to that person or to any other, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 27 Whoever, in order to the committing of extortion, puts or attempts to put any person in fear of an accusation, against that person or any other, of having committed, or attempted to commit, an offence punishable with death or with imprisonment for life, or with imprisonment for a term which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 28 Whoever commits extortion by putting any person in fear of an accusation against that person or any other, of having committed or attempted to commit any offence punishable with death, or with imprisonment for life, or with imprisonment for a term which may extend to ten years, or of having attempted to induce any other person to commit such offence, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. 29 Basics Theft Extortion Movable property taken Consent obtained wrongfully Consent without consent of owner by coercion Limited to movable property Can involve movable or Subject Matter only immovable property Can be committed by one Can be committed by one or Number of Offenders person more persons No element of force or Force Involves force or compulsion compulsion Element of Fear Element of fear is absent Element of fear is present No delivery of property by the Victim delivers property or Delivery of Property victim valuables 30 Threats No use of threats Involves the use of threats Usually an isolated act with no specific Perpetrator often targets someone they Relationship relationship between the parties know or have a connection with Coercion No coercion involved Involves coercion or intimidation No apprehension or threat in the mind of Presence of Apprehension Apprehension or threat present the property holder 31 32 (1) In all robbery there is either theft or extortion. (2) 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. 33  (3) 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.  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. 34 Identify whether robbery has occurred in the following 35 illustrations.  A holds Z down, and fraudulently takes Z’s money and jewels from Z’s clothes, without Z’s consent.  A meets Z on the high road, shows a pistol, and demands Z’s purse. Z, in consequence, surrenders his purse.  A meets Z and Z’s child on the high road. A takes the child, and threatens to fling it down a precipice, unless Z delivers his purse. Z, in consequence, delivers his purse.  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 ten thousand rupees”. 36  (4) Whoever commits robbery shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine; and, if the robbery be committed on the highway between sunset and sunrise, the imprisonment may be extended to fourteen years.  (5) Whoever attempts to commit robbery shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.  (6) If any person, in committing or in attempting to commit robbery, voluntarily causes hurt, such person, and any other person jointly concerned in committing or attempting to commit such robbery, shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine. 37