[ROUGH DRAFT CRIMINAL LAW - II]

TOPIC

OFFENCE AGAINST

PROPERTY

Table of Contents
A. Introduction B. Three Groups of Offences (Chapter XVII: Offences against Property)

A. Offences dealing with deprivation of property: Sections 378 to 424 a) Sections 378 to 389 1. Theft (Under Sec. 378) 2. Extortion (Under Sec. 383) b) Sections 390 to 402 1. Robbery(Under Sec. 390) 2. Dacoity (Under Sec. 391) c) Sections 403 to 414 1. Criminal Breach of Trust (Under Sec.405) 2. Cheating (Under Sec.415) C. Conclusion

 Introduction
This project shall deal with Offences against property as described in Chapter XVII of Indian Penal Code, 1860. These provisions protect, preserve and conserve ones right to property 1 against violations,2 and may be grouped into three categories; the first consisting of provisions dealing with eight offences; the second and third consisting of provisions dealing with one offence each.3 (1) Offences against property (i) (ii) (iii) (iv) (v) (vi)
1

Theft ( ss 378 to 382); Extortion (ss 383 to 389); Robbery and Dacoity (ss 390 to 402); Criminal misappropriation of property ( ss 403, 404); Criminal breach of trust (ss 405 to 409); Receiving of Stolen Property (ss 410 to 414);

A property may be either movable and immovable. See the General Clauses Act 1897, S. 3(36) and Indian Registration Act 1908, S. 3 for the definition of movable property, and the General Clauses Act 1897, S. 3 (26) and Transfer of Property Act 1882, S. 3 for the definition of immovable property. 2 Gouri Hari Singh, Penal Law of India, Vol IV, eleventh edn (2000), p.3684. 3 K.D.Gaur, Criminal Law: cases and Materials, Fifth Edn., Lexis Nexis Butterworths, 2008, Offences against Property.,

(vii) (viii)

Cheating (ss 415 to 420); Fraudulent Deeds and Disposition of Property (ss 421 to 424);

(2) Offences of injury to property: (ix) Mischief (ss 425 to 440).

(3) Offences of violation of right to property: (x) Criminal Trespass (ss 441 to 462).4

Theft (Section 378/379)

Theft as defined under section 378, is the dishonest removal and taking of movable property out of the possession of any person without his consent, hence it is the offence against possession and not against ownership.5 To constitute Theft, the following ingredients6 are required: (a) The accused must have a dishonest intention to take the property; (b) The property must be movable; (c) The property must be taken out of the possession of another person, resulting in wrongful gain by one and wrongful loss to another; (d) The property must be moved in order to such taking, i.e., obtaining property by deception; and (e) Taking must be without that persons consent (express or implied).

4 5 6

Ibid, Supra Note 3. K.D.Gaur, Indian Penal Code, Fourth edn., 2008, Commentry on theft Section 378, IPC. Ibid, Supra Note 3.

 Robbery

(Section 390, 392, 393, 394, 397, & 398 of IPC) And

Dacoity(Gang Robbery) (Section 391, 395, 397, 398, 399, 400 & 402 of IPC).

Criminal Breach of Trust (Section 405/ 406)

Ingredients: (1) Entrusting any person with property or with any dominion over property; (2) The person entrusted: (a) Dishonestly misappropriating or converting to his own use that property; or (b) Dishonestly using or disposing of that property or wilfully suffering any other person so to do in violation.

Cheating (Section 415, 416, 417, 418, 419 & 420):

Cheating can be committed in three ways, viz: (1) By fraudulently deceiving and inducing the person so deceived to: (a) deliver any property, or (b) Consent to the retention of any property by any person; (2) By dishonestly inducing the person to deliver any property or to give consent to the retention of any property; and

(3) By intentionally inducing the person deceived to do or to omit to do anything which he would not have done if he was not so deceived and such act of his, caused or was likely to cause damage, or harm in body, mind, reputation or property.

Conclusion
Offences against property consist of those kinds of offences in which a person is deprived of his valuables illegally. The IPC makes a distinction amongst those offences, based on the manner in which a person is deprived of his belongings.