THE INDIAN PENAL CODE, 1860
CONTENTS
CHAPTER XVII
OF OFFENCES AGAINST PROPERTY
1
OF THEFT
378. Theft
379. Punishment for theft
CHAPTER XVII
OF OFFENCES AGAINST PROPERTY
1
Of Theft
378. Theft.
- Whoever intending to take dishonestly any moveable 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.
- Whoever intending to take dishonestly any moveable 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.
Explanation1. -A thing so long as it is
attached to the earth, not being movable property, is not the subject of theft;
but it becomes capable of being the subject of theft as soon as it is severed
from the earth.
attached to the earth, not being movable property, is not the subject of theft;
but it becomes capable of being the subject of theft as soon as it is severed
from the earth.
Explanation 2. —A moving effected by
the same act which affects the severance may be a theft.
the same act which affects the severance may be a theft.
Explanation3. —A person is said to
cause a thing to move by removing an obstacle which prevented it from moving or
by separating it from any other thing, as well as by actually moving it.
cause a thing to move by removing an obstacle which prevented it from moving or
by separating it from any other thing, as well as by actually moving it.
Explanation 4. —A person, who by any
means causes an animal to move, is said to move that animal, and to move
everything which, in consequence of the motion so caused, is moved by that
animal.
means causes an animal to move, is said to move that animal, and to move
everything which, in consequence of the motion so caused, is moved by that
animal.
Explanation 5. —The consent mentioned
in the definition may be express or implied, and may be given either by the
person in possession, or by any person having for the purpose authority either
express or implied.
in the definition may be express or implied, and may be given either by the
person in possession, or by any person having for the purpose authority either
express or implied.
Illustrations
(a) A cuts down a tree on Z's ground, with the
intention of dishonestly taking the tree out of Z's possession without Z's
consent. Here, as soon as A has severed the tree in order to such taking, he
has committed theft.
intention of dishonestly taking the tree out of Z's possession without Z's
consent. Here, as soon as A has severed the tree in order to such taking, he
has committed theft.
(b) A puts a bait for dogs in his pocket, and
thus induces Z's dog to follow it. Here, if A's intention be dishonestly to
take the dog out of Z's possession without of Z's possession without Z's
consent. A has committed theft as soon as Z's dog has begun to follow A.
thus induces Z's dog to follow it. Here, if A's intention be dishonestly to
take the dog out of Z's possession without of Z's possession without Z's
consent. A has committed theft as soon as Z's dog has begun to follow A.
(c) A meets a bullock carrying a box of
treasure. He drives the bullock in a certain direction, in order that he may
dishonestly take the treasure. As soon as the bullock begins to move, A has
committed theft of the treasure.
treasure. He drives the bullock in a certain direction, in order that he may
dishonestly take the treasure. As soon as the bullock begins to move, A has
committed theft of the treasure.
(d) A, being Z's servant, and entrusted by Z
with the care of Z's plate, dishonestly runs away with the plate, without Z's
consent. A has committed theft.
with the care of Z's plate, dishonestly runs away with the plate, without Z's
consent. A has committed theft.
(e) Z, going on a journey, entrusts his plate
to A, the keeper of the warehouse, till Z shall return. A carries the plate to
a goldsmith and sells it. Here the plate was not in Z's possession. It could
not therefore be taken out of Z's possession, and A has not committed theft,
though he may have committed theft, though he may have committed criminal
breach of trust.
to A, the keeper of the warehouse, till Z shall return. A carries the plate to
a goldsmith and sells it. Here the plate was not in Z's possession. It could
not therefore be taken out of Z's possession, and A has not committed theft,
though he may have committed theft, though he may have committed criminal
breach of trust.
(f) A finds a ring belonging to Z on a table
in the house which Z occupies. Here the ring is in Z's possession, and
dishonestly removes it, A commits theft.
in the house which Z occupies. Here the ring is in Z's possession, and
dishonestly removes it, A commits theft.
(g) A finds a ring lying on the highroad, not
in the possession of any person. A by taking it, commits no theft, though he
may commit criminal misappropriation of property.
in the possession of any person. A by taking it, commits no theft, though he
may commit criminal misappropriation of property.
(h) A sees a ring belonging to Z lying on a
table in Z's house. Not venturing to misappropriate the ring immediately for
fear of search and detection, A hides the ring in a place where it is highly
improbable that it will ever be found by Z, with the intention of taking the
ring from the hiding place and selling it when the loss is forgotten. Here A,
at the time of first moving the ring, commits theft.
table in Z's house. Not venturing to misappropriate the ring immediately for
fear of search and detection, A hides the ring in a place where it is highly
improbable that it will ever be found by Z, with the intention of taking the
ring from the hiding place and selling it when the loss is forgotten. Here A,
at the time of first moving the ring, commits theft.
(i) A delivers his watch to Z, a jeweler, to
be regulated. Z carries it to his shop. A, not owing to the jeweler any debt for
which the jeweler might lawfully detain the watch as a security, enters the
shop openly, takes his watch by force out of Z's hand, and carries it away.
Here A, though he may have committed criminal trespass and assault, has not
committed theft, in as what he did was not done dishonestly.
be regulated. Z carries it to his shop. A, not owing to the jeweler any debt for
which the jeweler might lawfully detain the watch as a security, enters the
shop openly, takes his watch by force out of Z's hand, and carries it away.
Here A, though he may have committed criminal trespass and assault, has not
committed theft, in as what he did was not done dishonestly.
(j) If A owes money to Z for repairing the
watch, and if Z retains the watch lawfully as a security for the debt, and A
takes the watch out of Z's possession, with the intention of depriving Z of the
property as a security for his debt, he commits theft, in as much as he takes
it dishonestly.
watch, and if Z retains the watch lawfully as a security for the debt, and A
takes the watch out of Z's possession, with the intention of depriving Z of the
property as a security for his debt, he commits theft, in as much as he takes
it dishonestly.
(k) Again, if A, having pawned his watch to Z,
takes it out of Z's possession without Z's consent, not having paid what he
borrowed on the watch, he commits theft, though the watch is his own property
in as much as he takes it dishonestly.
takes it out of Z's possession without Z's consent, not having paid what he
borrowed on the watch, he commits theft, though the watch is his own property
in as much as he takes it dishonestly.
(l) A takes an article belonging to Z out of
Z's possession, without Z's consent, with the intention of keeping it until he
obtains money from Z as a reward for its restoration. Here A takes dishonestly;
A has therefore committed theft.
Z's possession, without Z's consent, with the intention of keeping it until he
obtains money from Z as a reward for its restoration. Here A takes dishonestly;
A has therefore committed theft.
(m) A, being on friendly terms with Z, goes into
Z's library in Z's absence, and takes away a book without Z's express consent
for the purpose merely of reading it, and with the intention of returning it.
Here, it is probable that A may have conceived that he had Z's implied consent
to use Z's book. If this was A's impression, A has not committed theft.
Z's library in Z's absence, and takes away a book without Z's express consent
for the purpose merely of reading it, and with the intention of returning it.
Here, it is probable that A may have conceived that he had Z's implied consent
to use Z's book. If this was A's impression, A has not committed theft.
(n) A asks charity from Z's wife. She gives A
money, food and clothes, which A knows to belong to Z her husband. Here it is
probable that A may conceive that Z's wife is authorized to give away alms. If
this was A's impression, A has not committed theft.
money, food and clothes, which A knows to belong to Z her husband. Here it is
probable that A may conceive that Z's wife is authorized to give away alms. If
this was A's impression, A has not committed theft.
(o) A is the paramour of Z's wife. She gives a
valuable property, which A knows to belong to her husband Z, and to be such
property as she has no authority from Z to give. If A takes the property
dishonestly, he commits theft
valuable property, which A knows to belong to her husband Z, and to be such
property as she has no authority from Z to give. If A takes the property
dishonestly, he commits theft
(p) A, in good faith, believing property
belonging to Z to be A's own property, takes that property out of B's
possession. Here, as A does not take dishonestly, he does not commits theft.
belonging to Z to be A's own property, takes that property out of B's
possession. Here, as A does not take dishonestly, he does not commits theft.
379. Punishment
for theft. —Whoever commits theft shall be punished with
imprisonment of either description for a term which may extend to three years,
or with fine, or with both.
for theft. —Whoever commits theft shall be punished with
imprisonment of either description for a term which may extend to three years,
or with fine, or with both.
380. Theft
in dwelling house, etc.—Whoever 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, shall be punished with imprisonment of either
description for a term which may extend to seven years, and shall also be
liable to fine
in dwelling house, etc.—Whoever 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, shall be punished with imprisonment of either
description for a term which may extend to seven years, and shall also be
liable to fine
STATE AMENDMENTS
State
of Tamil Nadu:
of Tamil Nadu:
Section 380 of Indian Code (Central Act XLV of 1860) (hereinafter in this
Part referred to as the principal Act) shall be renumbered as sub-section (1)
of that section and after sub-section (1) as so renumbered, the following
sub-section shall be added, namely: -
Part referred to as the principal Act) shall be renumbered as sub-section (1)
of that section and after sub-section (1) as so renumbered, the following
sub-section shall be added, namely: -
"(2) Whoever commits theft in respect of any idol
or icon in any building used as a place of worship shall be punished with rigorous
imprisonment for a term which shall not be less than two years but which may
extend to three years and with fine which shall not be less than two thousand
rupees:
or icon in any building used as a place of worship shall be punished with rigorous
imprisonment for a term which shall not be less than two years but which may
extend to three years and with fine which shall not be less than two thousand
rupees:
Provided that the court may, for
adequate and special reasons to be mentioned in the judgment impose a sentence
of imprisonment for a term of less than two years."
adequate and special reasons to be mentioned in the judgment impose a sentence
of imprisonment for a term of less than two years."
[Vide Tamil Nadu Act 28 of 1993,
sec. 2].
sec. 2].
381. Theft
by clerk or servant of property in possession of master. —Whoever,
being a clerk or servant, or being employed in the capacity of a clerk or
servant, commits theft in respect of any property in the possession of his
master or employer, shall be punished with imprisonment of either description
for a term which may extend to seven years, and shall also be liable to fine.
by clerk or servant of property in possession of master. —Whoever,
being a clerk or servant, or being employed in the capacity of a clerk or
servant, commits theft in respect of any property in the possession of his
master or employer, shall be punished with imprisonment of either description
for a term which may extend to seven years, and shall also be liable to fine.
382. Theft
after preparation made for causing death, hurt or restraint in order to the
committing of the theft. —Whoever commits theft, having made
preparation for causing death, or hurt, or restrain, or fear of death, or of
hurt, or of restraint, to any person, in order to the committing of such theft,
or in order to the effecting of his escape after the committing of such theft,
or in order to the retaining 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.
after preparation made for causing death, hurt or restraint in order to the
committing of the theft. —Whoever commits theft, having made
preparation for causing death, or hurt, or restrain, or fear of death, or of
hurt, or of restraint, to any person, in order to the committing of such theft,
or in order to the effecting of his escape after the committing of such theft,
or in order to the retaining 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.
Illustrations
(a) A commits theft on property in Z's
possession; and, while committing this theft, he has a loaded pistol under his
garment, having provided this pistol for the purpose of hurting Z in case Z
should resist. A has committed the offence defined in this section.
possession; and, while committing this theft, he has a loaded pistol under his
garment, having provided this pistol for the purpose of hurting Z in case Z
should resist. A has committed the offence defined in this section.
(b) A picks Z's pocket, having posted several
of his companions near him, in order that they may restrain Z, if Z should
perceive what is passing and should resist, or should attempt to apprehend A. A
has committed the offence defined in this section.
of his companions near him, in order that they may restrain Z, if Z should
perceive what is passing and should resist, or should attempt to apprehend A. A
has committed the offence defined in this section.
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