Ingredient of Theft with illustrations

Topics Covered:

Theft

Ingredients of Theft

Important Points on Theft

Case Laws

Theft vs. Criminal Breach of trust.

Theft vs. Criminal misappropriation of property

Theft vs. extortion

Theft vs. mischief

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Theft:

BNS: Section 303 or IPC Section 378:

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.

Ingredients of Theft:

Elements of Theft under the Indian Penal Code (IPC)

1. Dishonest Intention (Mens Rea):

The essential element of theft is the intention to take property dishonestly. If the act is committed in good faith (i.e., with an honest belief that the property belongs to the taker), it does not constitute theft.

Illustration:
A, believing in good faith that property belonging to Z is A’s own property, takes that property out of B’s possession. Since A does not take the property dishonestly, he does not commit theft.

2. Possession without Consent:
For an act to qualify as theft, the property must be taken out of another person’s possession without their consent. Consent must be free and voluntary.

Illustrations:

(a) If A takes a book from B’s bag without B’s consent, it amounts to theft.
(b) If C, without D’s permission, removes D’s mobile phone from his possession, C commits theft.

3. Wrongful Gain or Loss:
The act of theft must result in wrongful gain to the taker or wrongful loss to the owner of the property.

Wrongful gain refers to gaining something to which one is not legally entitled.
Wrongful loss refers to losing something to which one is legally entitled.

Relevant Case Law:

In Vithal vs. State of Maharashtra (1982), the court examined the wrongful intent behind the taking of property to determine whether the accused had committed theft.

4. Movable Property:

The subject of theft must be movable property. Immovable property cannot be stolen unless it is first severed from the earth.

Regarding animals:
If an animal or pet is dishonestly induced to follow a person, it constitutes theft.

Illustration:
A places bait in his pocket to entice Z’s dog to follow him. If A intends to dishonestly take the dog out of Z’s possession without Z’s consent, theft is committed the moment the dog begins to follow A.

5. Movement of Property:

The act of theft is complete when the property is moved with dishonest intention.

Explanations under IPC:

Explanation 1: A thing attached to the earth is not movable property and cannot be stolen. However, once severed from the earth, it becomes capable of being stolen.
Explanation 2: If the severance and movement occur as part of the same act, the act constitutes theft.
Explanation 3: Movement of the property includes removing an obstacle that prevents its movement or separating it from another object, in addition to physically moving it.

Case Laws:

K.N. Mehra v. State of Rajasthan (1957 AIR 369)

Facts: The accused took an aircraft without permission for a joyride and returned it later.

Held: Even temporary dishonest use of someone else’s property without consent constitutes theft.

Pyare Lal Bhargava v. State of Rajasthan (1963 AIR 1094)

Facts: The accused, a government servant, removed a file from an office to help someone but returned it later.

Held: Dishonest intention at the time of taking is essential. Temporary taking without intent to cause wrongful loss was not considered theft.

Theft and mischief: (Wrongful Gain/Loss)

Distinction By committing mischief, one does not gain anything, he only causes the other; by committing theft, the thief causes loss to another and property.

Theft and Criminal Breach of trust.: (Consent)

(e) Z, going on a journey, entrusts his plate to A, the keeper of a 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 criminal breach of trust.

Criminal misappropriation of property and theft: (Possesion)

(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 if A 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.