What Is Theft?

What Is Theft.

What Is Theft?

Theft is offence against property . Which is defined under section 378 of Indian penal code. In-simple words we all understand theft as crime of talking away someone's property which we also call stealing.It is considered as a immoral act.with this article let us understand legal aspect of theft in preview of Indian Penal Code.

Section 378 -Indian Penal Code

"Whoever, intending to take dishonestly any movable property out of the position of any person without that person' s contest, moves that property in order to such taking ,is said to commit theft."

Elements Of Theft.

From the above definition it is clear that there are 5 elements of theft.

1. Dishonestly.

2. Movable property.

3. Out of possession.

4. Without consent.

5. Movement of property.

All the above 5 elements should be proved to held a person guilty under section 378 Indian Penal Code. In a particular case even if four elements have been proved and even one element is missing then also the offence of theft  will not be constituted .

1.Dishonestly- Intention is gist of a offence. Intention can be attributed to a act if a person intends to cause a wrongful loss to someone or wrongful benefit to himself. A Bona-fide act of moving a movable property from possession of someone will not amount to  theft.Dishonest intention is essential element of theft.

 2.Movable property

Second most important element of theft is that the property should be movable therefore it is clear that theft of immovable property cannot be done. The property moved dishonestly from someone's possession should be movable property.

3. Out Of Possession.

Third essential element is that property should be in possession of prosecutor. For example there cannot be theft of wild animals because they are not under possession of any person but there can be theft of tamed animals.

Shashi Bhushan Giri versus kalakar Mohan rita, 2003 c r l j 1065

Allegation was of left of paddy crop was made by complainant . There was dispute about possession one claimed possession from succession and other claimed through sale deed thus the ingredient of theft was not made out.Because possession was not established.

4. Without Consent.

Essential element for act to be attributed as theft is that property stolen should be taken out off possession without consent of person in whose possession it is. So if property is taken with consent the act cannot be theft.Consent can be express or implied. The consent should not be obtained buy any fraud or misrepresentation or under any threat.

5. Movement Of Property- Offence of theft is complete when all above elements are proved and along with proving movement of property. With out movement of property there cannot be a act of theft.

Read also- How to File Complain Case In Court

Punishment For Theft

Punishment for theft is defined under section 379 theft is punishable with imprisonment up to 3 years ,or with fine, or with both.

Classification Of Theft.

Theft is further classified under section 380,381 and 382 depending upon gravity of mens rea mode of preparation and situation in which act has been made under the sections have severe punishment has been imposed by legislature.

Section 380 -Indian Penal Code

"Whosoever commits theft in any building, tent or vessel, which building, tent or vessel, is used as a human dwelling,or used for the custody of property, be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine".

From the definition of section 380 it is itself clear that object of section is to give greater security to property deposit posited in house tent or vessel

Section 381- Indian Penal Code

"Whoever, being a clerk or servant, copying employed in the capacity of clerk or servant, commits theft in respect of any property in the position of his master or employer, shall be punished with imprisonment of either description for a term which may extend to 7 years, and shall also be liable to fine".

From the above definition given in section 381 Indian Penal Code it is clear that section aims for severe punishment when a clerk or servant has committed theft because he has greater opportunities of committing the offence as he has confidence from his master or employer .In a certain way this section aims to protect the trust of employer on his employee .

Section 382 Indian Penal Code

"whoever commits theft, having made preparation for causing death, or hurt, or restraint, or fear of death, or of heart, or of restraint, to any person, in order to committing of such theft, in order to the affecting of his escape after the committing of such theft, or in order to the restraining 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".

This section aims to classify  offence of theft with preparation of hurt or preparation of any offence in order to commit as a more severe offence with severe imprisonment.

Word From Bharat Law

Theft is offence against property which is defined in section 378 Indian Penal Code and is also classified under section 380,381,382 depending upon the gravity of mens-rea in that act of theft. Theft essay offence destroys security and confidence of people in general and is very harmful to society as a whole.Offence of theft should be ,traced,tried and punished.