Theft, Extortion, Robbery, Cheating, Criminal misappropriation, Criminal breach of Trust

Section 378 IPC Theft

 

Section 379 IPC Punishment for Theft

Essentials of Theft

- Dishonest intention

- Movable Property

- Out of Possession

- Without consent

All the above

Dishonest intention should be to cause harm / damage.

 

Section 383 IPC Extortion

When someone makes you deliver a valuable security by threat

Threat - Fear - Injury

Theft (378) - Robbery (390) - Extortion (383) - Decoity

 

Section 390 Robbery

Robbery = Theft + Threat to kill / Fear of killing

= Extortion + stealing at the moment + In front+

Instant death or instant hurt or instant or fear of instant death

 

Extortion (Robbery)

Thieves stealing money from bank asking the cashier to put all the money in the bag right now.

 

 

Theft Extortion Robbery
If A takes cash and Run If A asks to give him cash
No Consent There is consent with coercion
Movable asset Movable and Immovable
No Fear There is fear
No Delivery There is Delivery
No Compulsion There is compulsion

 

IPC 403 Criminal Misappropriation

A & B were in library. A picked up B's mobile by mistake and came home. When A came home he realised that he picked up some one else's mobile. Then A decides to Keep it.

A did not commit theft as he had no dishonest intention while picking the mobile.

 

IPC 405 Criminal Breach of Trust

A entrusted B with his book to take care of it while he is out of town for few days. B damaged the book or sold it. B broke A's trust.

 

Cheating 415 IPC

Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to "cheat".

 

416 IPC cheating by personation

417 IPC Punishment for cheating 1 Year/ Fine / both

418 IPC Cheating with knowledge that wrongful loss may ensure to person whose interest offender is bound to protect.

419 IPC Punishment for cheating by personation

420 IPC Cheating and dishonestly inducing delivery of property.

 

Case A: Wrongful intention since beginning

e.g. A Goes to B. B Tells A that a Sport Complex will built next to the land he owns. (Fraudulent intention since beginning). A suggest B to start a hotel near the shopping complex on his land and offered to buy B's land worth 1.50 Crore for 4 Crores. A agrees and gives 2 Lakh cash and a cheque for 3.98 Crore to B. B sold the land to A. The cheque bounces. A cheated B.

 

Case B: Wrongful intention not since beginning - No cheating 

e.g. On 25th October A made a contract with B to buy his car on 1st November and gave some advance. On 27th October A found a better deal and refused to buy the Card. A asked B to take back his car.

- Breach of Contract

e.g. A & B entered a contract to buy B's Land for Rs. 2 Crores on 31st October. But price of land falls to 1.50 Crores on 30th September.