| TABLE OF CONTENTS |
|---|
| Definition of Theft |
| Theft per the IPC |
| Ingredients of Theft |
| Burden of Proof |
| Punishment for Theft |
Definition of Theft
Theft is a criminal offence that involves taking someone else’s movable property without their permission with the intent to deceive. Theft is defined in Section 378 of the Indian Penal Code (IPC) as follows:
“Whoever, intending to take dishonestly any movable property out of the possession of any person without that person’s consent, moves that property in order to such taking, is said to commit theft”
In simpler terms, the dishonest taking of movable property belonging to another person without their consent is defined as theft. Except for immovable property such as land and buildings, the term “movable property” includes everything.
One of the legal maxims related to theft is “actus non facit reum nisi mens sit rea” which means “an act does not make a person guilty unless the mind is also guilty”. This means that in order for an act to be considered a crime, the accused must have acted with a guilty mind or criminal intent. In order for an act to be considered theft under the law, the accused must have had a dishonest intent to take someone else’s property without their consent. For example, A cuts down and removes a tree from B’s ground, with the intention of dishonestly taking the tree out of his possession without his consent. Here, as soon as A has severed the tree with the intent to take it out of B’s ground, he has committed theft.
Ingredients of theft
Theft under the IPC involves the following elements:
1. The accused is intending to take movable property- The accused must intend to permanently deprive the owner of the property or to gain wrongful gain for themselves or another person. This dishonest intent is a key component of theft under the IPC, and if it is absent, the act may not be considered theft under the law.
2. Another person owns the movable property- The accused must have no legal right to take or possess the property, and it must belong to someone else. This means that if the accused owns the property, they cannot commit theft by taking it. Property ownership can be established by demonstrating the owner’s lawful possession or control of the property.
3. The accused has not obtained permission from the property’s owner to take possession of it- The absence of consent or permission is critical in establishing the accused’s dishonest intent, because a person who takes someone else’s property with their permission or consent cannot be charged with theft. Thus, for the act to be considered theft under the IPC, the accused must lack any lawful authority, permission, or consent to take the property.
If the accused obtained the owner’s permission or consent to take the property, the act may not be considered theft, and the accused may not be held liable for this offence.
4. The accused person moves the property with the intent of stealing it.
5. It is important to note that the term “movable property” refers to all types of property that can be moved, with the exception of land and buildings. This includes both tangible items like money, jewellery, and automobiles and intangible items like intellectual property.
For instance, consider this example. Aman stealing a mobile phone from Harshit’s pocket without Harshit’s consent is an example of theft under the Indian Penal Code (IPC). Taking the phone without Harshit’s permission is considered theft because it involves the dishonest intent to take the movable property of Harshit by Aman without Harshit’s consent. Aman can be charged with theft under Section 378 of the IPC, which carries a maximum sentence of three years in prison, a fine, or both. The punishment, however, may vary depending on the value of the stolen property and other circumstances surrounding the offence.
Burden of proof
To prove theft, the prosecution must show that the accused took the property without the owner’s permission, with the intent of permanently depriving the owner of it, and that this act was done dishonestly. If all of these conditions are met, the accused may be charged with theft under the IPC. The prosecution must also show that the accused had knowledge or reason to believe that the property belonged to someone else.
Punishment for Theft
As per Section 378 of the Indian Penal Code (IPC), theft can result in imprisonment for up to three years in prison, fines, or both, depending on the nature of the crime. If a theft is committed under certain circumstances, such as the theft by a clerk or servant of the person whose property has been stolen, or if the property has been stolen as a valuable security or a document of national significance, the punishment may be harsher.
Check out our notes on IPC here:
Source: Lawctopus
