Generally, Property is divided into two parts, movable and immovable. Any offence with concern to property whether it is movable or immovable is punishable under the provisions of the law. The Law of Crimes or the Indian Penal Code defined these offenses which are related to property from section 378 to 460.
Chapter XVII – Of Offences Against Property:
Chapter 17 of Indian Penal Code includes the offences which are related to property. These offences are crimes such as theft, extortion, robbery, dacoity and other additional forms of these offences.
We will see a detailed discussion which will help you to understand these sections better. It is one of the crucial parts of the IPC that also covers a major part in the syllabus of many universities like Delhi University, Mumbai University, Chaudhary Charan Singh University and many more. So read the whole blog post and explore our site to grab more legal stuff!
The offences relevant to property are given below:
Section 378:- Theft
Generally speaking, theft is defined as taking something that belongs to someone else. However, there are specific requirements and elements in IPC for liable under theft.
Section 378 defines theft as dishonestly removing any movable property from a person's possession. This taking on must always occur without the permission of that person. Therefore, the following conditions must be met for theft to be considered a crime under the IPC:
(1) While stealing the property, the offender must have dishonest intention.
(2) The subject property must always be movable rather than immovable.
(3) The offender taking out the property without the consent or permission of that person.
(4) In order to complete control of the property, the criminal must relocate it.
Section 379:- Punishment for theft
Any person found guilty of theft will be punished with a maximum sentence of 3 years in prison of any kind, or with fine, or both.
Section 379A:- Snatching
Snatching is defined as the act of someone suddenly, quickly, forcibly seizing, securing, grabbing, or taking away any movable property from a person or from his possession with the intent to steal it, then it is said to commit snatching.
Section 379B:- Punishment for Snatching
(1) Anyone found guilty of snatching shall be punished with a minimum sentence of five years in jail, which may extend up to ten years in prison, as well as a fine of ten thousand rupees.
(2) The offender faces imprisonment for a term that cannot be less than ten years in prison and a fine of ten thousand rupees if, either before or after committing the offence of snatching, he causes harm, wrongful restraint, or fear of harm, or if, during the commission of the offence, he causes harm, wrongful restraint, or fear of harm in order to effect his escape.
Section 380:- Theft in a dwelling house, etc.
Whoever commits theft from a building, tent, or vessel that is used for property custody or as a place for people to live will be punishable with a period of imprisonment of any kind that may extend up to seven years and shall also be liable to fine.
Section 381:- Theft by clerk or servant of property in possession of master
Any individual who possesses property owned by their employer or master and removes it while working as a clerk or servant, or while acting in that capacity, shall be punished for criminal penalties which include up to seven years in prison and a fine.
Section 382:- Made preparation to causing death, hurt or restraint in order to committing theft
Theft committed with the intent to cause death, injury, restraint, or fear of death, injury, or restraint to any person in order to carry out the theft, to make their escape after the theft, or to keep the property that was taken in the theft will be punished with rigorous imprisonment for a term that may be up to ten years in addition to a fine.
Section 383:- Extortion
The definition of Extortion is given under Section 383 of the Indian Penal Code which says that it happens when someone tries to obtain property in an illegal way.
It is done by lying through manipulation or using any other unlawful means to obtain the signature or legal authorities of the legitimate owner, with the intent to cause harm to another person.
Elements are required to commit this offense:
Threatening someone's life or engaging in any other unlawful activities that could endanger the lives of one or more people.
By purposefully manipulating the owner or another person in an unlawful manner or being dishonest with him and pressuring him to deliver the person's valuable asset.
Section 390:- Robbery
There is either extortion or theft in a robbery. Section 390 of the Indian Penal Code contains a definition of robbery. Robbery, to put it simply, is the taking of someone else's property. When there is any wrongdoing or illegal action that could endanger someone's life or injure the owner or those nearby, the person who did it is generally acting illegally in order to obtain valuable assets.
Section 391:- Dacoity
Five or more people working together to carry out or commit a robbery is considered dacoity, according to Section 391 of the IPC. It is a violent robbery that involves five or more individuals.
Components required to commit this offense are:
Conclusion
Everyone has the constitutional right to obtain property and to keep it secure. The property can be of any kind, such as tangible or intangible, moveable or immovable. Stealing, extortion, cheating, misappropriating, criminal breach of trust, receiving stolen goods, cheating, criminal trespass, mischief, and performing any act on another person's property with the decietful intention they all are crimes.
These offences against property are punishable under indian penal laws. The IPC imposes penalties and sanctions for a variety of property-related offenses, in order to protect the owner of the property.
