Theft

 THEFT  (IPC Sec 378)

Theft has been defined under Section 378 of the Indian Penal Code, 1860. 

It says “ whoever intends to take dishonestly any movable property out of the possession of any person without that person’s consent and moves it, he/she is said to have committed a theft.”

Illustration:

If Z is employed by A in their house as a maid and she dishonestly runs away with the gold chain and ring, without A’s consent. Then Z has committed theft.

case law: 

Pyare Lal Bhargava v. State of Rajasthan

A government employee took a file from the office and gave it to Mr.A and brought it back two days later. It was held that he took the property away with a dishonest or malicious intention and that is enough to term it as a theft. 

Essentials of theft

The essentials of theft are:

• There has to be a dishonest intention to take the property away.
• The property should not be attached to the earth. It should be movable property. As soon as the property is separated from the earth, it is capable of becoming the subject of theft.
  For example, if  A cuts down a tree on B’s ground, with the intention of dishonestly taking the tree out of B’s possession without B’s consent. Then as soon as separates the tree, he commits theft. 
• The property must be taken out of the possession of another. A thing which is in the possession of nobody cannot be the subject of theft.
• The most important thing is that the property must be taken away without consent.
• There should be physical movement of the property, however, it is not important that it should be moved directly.
  For example, if someone cuts the string which is tied to the necklace owing to which the necklace falls, it would be held that he or she has caused sufficient movement of the property as required for it to amount to theft.

Punishment for theft (Section 379 IPC)

• It says that a person who commits theft shall be punished with imprisonment of up to 3 years or with fine or with both. 

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