Introduction:
Property is divided mainly into two sections, that is, movable and immovable. Any offence committed in respect of any property, whether movable or immovable, shall be punishable under the provisions of the Criminal Law or the Indian Penal Code [IPC]. These offences and their punishments are explained in detail in Articles 378 to 460 of the Indian Penal Code, 1860 (Act No. XLV,1860).
There are ten offences which are recognized primarily by the IPC
- Theft.
- Extortion.
- Robbery and dacoity.
- Criminal misappropriation of property.
- Criminal breach of trust.
- Receiving stolen property
- Cheating.
- Fraudulent deed and disposition of property.
- Mischief.
- Criminal trespass
1. Theft
This offence is defined in section 378 of the IPC and only concerns with movable property. It can, therefore, be said that immovable property cannot be a theft subject. But often the property that is immovable may be robbed after it is separated from the ground, for instance, a tree that is so long rooted to the ground that it cannot be made a target of the theft offence. This word is defined as anyone, intending to dishonestly remove any movable property from another person’s possession without the permission of that person, moves the property for such removal, is said to commit theft.
That definition has five exceptions.
The punishment for this offence is set out in section 379 which states that the offence shall be punished either with imprisonment for 3 years, or with fine, or both.
Illustrations
- A puts a dog lure in his pocket, thus causing Zs dog to pursue it. If A plans to take the dog out of Zs hands dishonestly without Zs permission, A has committed theft.
- A delivers its watch to be governed by Z, a jeweller. Z takes it to his shop.A, not owing to the jeweller any debt for which the jeweller may legally detain the watch as protection, goes into the shop freely, takes his watch out of Zs’ hand by coercion, and carries it away. Here A, though he may have committed criminal offence and abuse, did not commit theft in the same way that what he did was not done in a dishonest manner.
2. Extortion
This is defined in section 383 of the IPC, which in a nutshell stipulates that if one puts any person in fear of injury and induces him to deliver any property or valuable security, extortion is committed. Section 384 of the code indicates the punishment for the crime which is the same as that for Theft.
The principal ingredients of the offense are-
(A) deliberately putting an individual in fear of injury to himself or another: and
(B) Unfairly inducing such a person into fear of delivering any goods or valuable security to any person.
The disparity between theft and the extortion is
(A) Consent is obtained in coercion, and no consent is required in theft;
(B) In extortion, both movable and immovable assets may be the subject matter, but only movable property can be stolen in theft;
(C) the distribution is caused in extortion by fear when the robbery removes the property without receiving distribution from the owners.
(D) an overpowering of the will of the owner exists in extortion. The force factor is absent whilst in theft.
Illustrations
- A threatens to print a defamatory libel against Z unless Z gives money to him. So he induces Z to give him some money. A committed extortion.
- A threat Z that he will hold Zs child in unjust imprisonment unless Z signs and delivers to A, a promissory note that requires Z to pay A for something. Z signs and delivers the message. A committed extortion.
3. Robbery and Dacoity
Robbery is an aggravated form of either Extortion or stealing or both. Theft is robbery under Section 390, if-
- For the crime of committing Theft, or
- To commit theft, or
- In carrying away, or attempting to carry away, property obtained by robbery, the perpetrator, for that reason, willingly causes or attempts to cause death or injury or arbitrary restriction or fear of immediate death to any person, or wrongful restraint
Section 390 states that extortion is robbery-
- When a person commits extortion by placing another person in fear of imminent death/hurt/false restraint on that person or someone else, and
- By so putting another in terror, such a person induces the latter to deliver up the extortion thing and
- During the time of the robbery, the perpetrator shall be in the presence of the person who is put in fear.
The punishment for the offence of robbery vide section 392 may extend to 10 years of severe imprisonment, but if it is committed on a road between sunrise and for the offence of dacoity is set out in section 395 which states that the offender may be punished with life imprisonment or severe imprisonment for a term that may extend to 10 years and may also be liable to fine.
Illustrations
- A pins down Z, and fraudulently takes money from Z’s clothes and jewels from Z’s, without Z’s permission. Here A committed theft, and knowingly inflicted unjust restraint on Z in order to commit the theft. Therefore, A committed robbery.
- A gets property from Z by claiming that your child is in my gang’s possession, and will be put to death unless you give us Rs. 10,000. This is extortion, not theft, even if Z is put in fear of his child’s instant death.
4. Criminal Misappropriation of Property
Section 403 of the IPC, which states that anyone who dishonestly misappropriates or converts any movable property to his own use shall be punished with imprisonment that may extend to two years, or with fine or both.
Illustrations
- A takes property belonging to Z out of Z’s hands in good faith assuming the property belongs to himself at the moment he takes it. A is not guilty of theft; but if A dishonestly appropriates the property to his own use after finding his error, he is guilty of an offence under this clause.
- A, being on good terms with Z, goes into Z’s library, in the absence of Z, and removes a book without the tacit permission of Z to take the book and read it, A has not committed theft. So if A then sells the book for its own gain, under this clause he is guilty of an offence.
5. Criminal breach of Trust
This crime is specified in section 405, and is outlined in section 406 of the code for its punishment.
The main ingredients for the crime completion are;
a. The entrustment of property to any person;
b. The person so confided to;
- Either misappropriate or dishonestly convert the property to its own use;
- Unfair use or disposal of that property in contravention of;
- any legal way in which the trust is to be discharged; or
- Any valid contract in respect of the discharge of such trust may be executed by courier, wharfinger, ware housekeeper, clerk, accountant, public servant, banker, trader, agent, broker, lawyer, etc.
Illustrations
- A, as an executor of a deceased person’s will, dishonestly disobeys the statute that requires him to separate the consequences by will and appropriates them for his own usage. A has committed criminal breach of trust
- A is a stock maintainer. Z, on a trip, entrusts his furniture to A under a contract to return it upon payment of a defined warehouse-room number. A sells the goods dishonestly. A has committed criminal breach of trust.
6. Receiving Stolen Property
This is the subject of section 411 of the IPC which stipulates that the recipient of the stolen property is to be punished with imprisonment for a period of upto 3 years, or with a fine or both. It is evident from this that the recipient of the stolen property is treated in the same manner as the person who actually steals the vide property as per section 379.
The main requirements for convicting a person under this section are two: one is deceptive receipt or retention of the stolen property and the other is that he was informed, at the time of receipt, that the property was acquired in one of the manner set out in section 410.
Illustration
- A purchased 9kgs of silver for a paltry sum, having knowledge that it was stolen property. Then the person was not considered a bonafide purchaser.
7. Cheating
It is a very serious crime and is widely heard in society. It is covered in section 412 to 423. Section 416 of this section deals with impersonation deception and is treated as vide section 419. Section 417 punishes for the cheating offence and the most commonly known last section 420 deals with the cheating offence and dishonestly inducing property of delivery. In this section, the penalty is prescribed as imprisonment for any category for a period that may extend to seven years and may also be liable to fine.
Illustration
- A and Z are two people. A shows an article’s false sample to Z and deliberately makes Z assume that the article corresponds to the sample. A here causes Z to purchase and pay for the bogus article review. A cheats Z
8. Fraudulent Deeds and Disposition of Property
This issue is covered in sections 421 to 424 and the issue in respect of Benami transactions in creditor fraud, that is, the crime consisted of fraudulent possession of property with the purpose of causing creditors to suffer wrongfully. The offence may be against property that is movable or immovable. This is given in section 421 of the IPC.Sections 422,423 and 424 deal in the same way with an offence which defrauds creditors in different ways.
9. Mischief
Ingredients of mischief are given in section 405 are as under:
- Intention or knowledge of likelihood to cause wrongful loss or damage to the public or to any person;
- Causing destruction of property or any change in the same or in the situation; through such alterations, the property must be destroyed or its value decreased or its utility broke. Vide section 426 is imposed on the penalties for this crime and it is only punishment for 3 months, or with a fine or both. Sections 427 to 440 deal with various types of mischievous.
Illustrations
- A knowingly burns a valuable protection belonging to Z with the intention of causing wrongful loss to Z. A has committed mischief
- A brings water into an ice-house belonging to Z, allowing the ice to melt, with the purpose of wrongful loss to Z. A has done mischief.
10. Criminal Trespass
Such disclosures are dealt within the sections 441 to 460. The three main heads of this offence are;
- Entry without consent into the property which is in possession of another person;
- If that entry is permitted then live after the permission has been revoked, that is, if that entry was originally permitted, even if it remains illegally thereafter;
- Unlawfully entering, and staying there with the intention:
(a) To commit offence;
(b) insulting, annoying or threatening the person who is in possession of the property.
Illustration
- ‘A’ drove the lesse of a boat away after attacking ‘B’ and took possession of the boat. ‘A’ then plied the boat away after taking money from the boat. This would amount to criminal trespass
Conclusion
Earlier property laws clearly defined the types of property required for the community’s existence and prosperity. Throughout the modern period, economic and technological innovations made new and challenging demands on the law as modes of property and means of offending have increased throughout numbers and sophistication. False allegations, embezzlement and obtaining stolen goods often come under the fraud rules. There are changes and plans to amend theft laws that describe a single offense consisting of elements of various theft offenses. Many property offences also include life and limb danger components. These offenses include extortion and robbery, arson, burglary and related offenses.The states and their enforcement authority are empowered to legislate specifically on property crimes. The federal government primarily operates with its jurisdiction in accordance with international and domestic trade, taxation, war, and the postal system. To sum up, it can reasonably be assumed that any property violation may be prosecuted.
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