1. If Tim went to his friend’s house, and found a valuable thing lying on the table, he placed it at a place where he thinks nobody would check, but that place is in his friend’s house only. He left with the intention to come back later and get that thing after some days. Any offence committed?
2. X put his hand in the pocket of Z, with the intention of theft but found it empty.
Whether any offence committed?
3. B a poor boy, stole some food to feed her ill mother at home.
Does he commit any offence?
Theft Definition – IPC
- 378. Theft.—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.
- Following are the essential ingredients of theft.
- Intention to take: without intention, there is no theft. If any friend of you mistakenly took your book believing it to be of him/her. No theft.
- Dishonestly: Causing wrongful gain to one person and wrongful loss to another. If there is no wrongful gain or loss then also no theft. Thus picking up abandoned thing is not theft.
- Any moveable property: Immovable property is not subject to theft.
- Out of possession: The thing getting out of possession of the person who is entitled to such possession is theft. He must not be the owner.
- Without that person’s consent: Getting things with consent is not theft.
1. Friend’s home case
- Yes, he committed theft.
- Because his act satisfies all the ingredients of theft u/s 378.
- His act is causing wrongful gain to him and loss to his friend thus he has dishonest intention.
- Undoubtedly he has intention to take that thing.
- The thing is moveable property.
- Out of possession doesn’t mean literally to bring it away, but mere moving of any property from its place where it should be amounts to theft.
- There is no question of consent in this case.
X put his hand in the pocket of Z, with the intention of theft but found it empty.
- Yes, the offence has been committed but because the act of X was not completed thus he cannot be punished for the offence of theft.
- He has committed ‘Attempt to theft’. At his part he has completed his preparation and execution as well but because he has failed because of some reason beyond his control. Thus he shall be punished.
- He shall be punished under section 378 read with section 511 of IPC.
B a poor boy, stole some food to feed her ill mother at home. Does he commit any offence?
- Theft is a moral wrong. On the one hand B has a moral duty to feed his mother and on the other hand B also has a moral duty, not to commit theft .
- IPC doesn’t differentiate on the basis of the purpose of theft. For whatever reason, it is committed it will fall under section 379 IPC.
- However during trial, the court may consider such factors just to mitigate the sentence.
- Otherwise every thief would be ready with some concocted emotional story in his mind.
Explanations given in Section 378
- Explanation 1.—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.
- (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
- Explanation 3.—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.
- 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.
- (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.
Miscellaneous
- Theft is a moral wrong as well as penal by statutory law.
- Section 378 Indian Penal Code, defines the act of theft, and section 379 contains its punishment.
- Offence of theft is punishable with Imprisonment upto 3 years with or without fine.
- It is a punishable offence thus police can arrest the accused without any warrant.
- It is non-bailable in nature, only court has power to grant the bail.
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