CHAPTER XVII-OFFENCES AGAINST PROPERTY(Sec.

378-462)

Theft(378-382) Criminal trespass(441-462)

Extortion(383-389) Mischief(425-440)

Robbery&Dacoity(390-402) Cheating(415-424)

Receiving stolen property(410-414)

Breach of trust(405-409)

Criminal misappropriation of property(403&404)

1.THEFT (378-382)

Theft (383) - intending to take dishonestly – movable property – out of the possession – without consent
– moves for taking.

Exp.1 – A thing severed from earth is a subject matter of theft

Exp.2 – A moving effected by the severance may be a theft
Exp.3 – A thing said to moved, by moving the thing itself or removing/separating the obstacle to that
thing also
Exp.4 – By any means causes an animal to move, is said to move that animal, and to move everything
in consequence is moved by that animal
Exp.5 – Consent may be express/implied given by the person in possession. The authority of possession
may be express/implied

Punishment (379) – S/R - 3yrs/fine or both₹

in dwelling house (380) – any building/tent/vessel – used for human dwelling/custody

of property – S/R – 7 yrs and fine

Theft by clerk/servant (381) – S/R – 7 yrs and fine

after preparation for causing/causing fear, of death/hurt/restraint (382) – for

committing theft/effecting escape/retaining property – R – 10 yrs and fine

Cognizable : All
Non-cognizable : xxxxxx
Bailable : xxxxxx
Non-bailable : All
Compoundable : (378,379), 381
Non-compoundable : 380, 382

Triable by any magistrate : (378,379), 380, 381

First class : 382
Court of session : xxxxxx
2. EXTORTION (383-389)

Extortion (383) – intentionally – puts in fear of any injury(body, property, reputation) – that person or
to any other – dishonestly induces – to deliver any property/valuable security/anything signed or sealed
which may be convert into valuable security.

Punishment (384) – S/R - 3 yrs/fine or both

Putting/attempt to put, in fear of injury in order to commit (385) – S/R – 2yrs/fine

or both

Commit by put in fear of death or g.hurt (386) – S/R – 10yrs and fine

Putting/attempt to put, in fear of death or g.hurt in order to commit (387) – S/R –

7yrs and fine

Extortion Commit by put in fear of accusation (388) - of attempt/commission/attempt of

abetment of any offence punishable with death/life/upto 10 yrs – S/R- 10 yrs and fine

If the accusation of offence is 377 – life

Putting/attempt to put, in fear of accusation, in order to commit (389) – of

attempt/commission/attempt of abetment of any offence punishable with
death/life/upto 10 yrs – S/R- 10 yr and fine

If the accusation of offence is 377 – life

Cognizable : All
Non-cognizable : xxxxxx
Bailable : 385, 388, 389
Non-bailable : (383,384), 386, 387
Compoundable : xxxxxx
Non-compoundable : All

Triable by any magistrate : (383,384), 385

First class : 386, 387, 388, 389
Court of session : xxxxxx

3. ROBBERY & DACOITY (390-402)

Robbery (390) – In all robbery there is either theft or extortion

WHEN THEFT IS ROBBERY – in order to committing the theft/in committing the theft – carrying
away/attempt to carry away theft property – for that end – voluntarily cause/attempt to cause –
death/hurt/w.restraint or fear of instant death/hurt/w.restraint

WHEN EXTORTION IS ROBBERY – while committing extortion – putting fear of instant

death/hurt/w.restraint – induces to deliver a thing

Punishment (392) – R – 10 yrs and fine,

- On high way b/w sunset and sunrise – R – 14 yrs and fine
DACOITY (391) – 5 or more persons – committing robbery – persons present/aiding/attempted are
liable

Punishment (395) – life/ R-10 yrs and fine

Attempt to commit robbery (393) – R-7 yrs and fine

Robbery
Causing hurt in attempt/committing robbery (394) – life/ R-10 yrs and fine

Dacoity with murder (396) – joint liability – life/R-10 yrs and fine

Making preparation for dacoity (399) – R-10 yrs and fine

Dacoity Belonging to gang of dacoits (400) – join with habitually committing dacoits
– life/R-10 yrs and fine

Assembling for the purpose of committing dacoity (402) – R-7yrs and fine

Attempt to cause death/g.hurt (397) - while committing – uses deadly

weapon/cause g.hurt/attempts to cause death or g.hurt – R- not less than 7 yrs
Robbery/dacoity
Attempt to commit.., and armed with deadly weapon (398) – while attempting –
armed with deadly weapon – R- not less than 7 yrs

Belonging to gang of thieves (401) – belonging to habitually committing theft/robbery – not gang of
thugs/dacoits – R-7 yrs and fine

Cognizable : All
Non-cognizable : xxxxxx
Bailable : xxxxxx
Non-bailable : All
Compoundable : xxxxxx
Non-compoundable : All

Triable by any magistrate : xxxxxx

First class : (390,392), 393, 394, 401
Court of session : (391,395), 396, 397, 398, 399, 400, 402