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 The term theft is widely used to refer to offenses that involve taking a person's property without their permission. But theft has a very broad legal meaning that may involve more than one category of crimes, and many degrees.

Even in 18th and 19th century England, petty theft (too little for bread) was a death sentence. Those who are desperate will still steal, especially when the alternative is to starve.


Theft is often defined as the unauthorized taking of property from another, so that they can permanently deprive it. There are two key elements in this definition:

  • To take someone else's property; 

  • Intention to permanently deprive the victim of necessary property.

  • The element in a burglary is usually required to take possession of property that relates to another, and may also include the removal or attempt to remove property. However, this is the element of intent where most complex legal challenges usually arise in stealthy cases.

  • Theft is defined as the physical removal of an object that is capable of stealing without the owner's consent and with the intention of permanently depriving its owner. The thief does not intend to keep the property to himself; Intention to destroy it, sell it, or leave it in circumstances where it will not be found is sufficient. Automobile theft, for example, often involves selling a stolen car or its parts. In some instances, the intention to temporarily deprive the owner of the property is also sufficient, such as in the case of stealing a car for a "Hereride" and then leaving it in such a way that the owner is able to reclaim it.

  • It is also termed as malafide intention which can be represented as mens rea. This is the basis of Mens Reid theft. The petitioner has to prove that something was taken away with dishonest intent.

However, intention is a mental element that is difficult to prove but circumstantial evidence is considered for this purpose. The main measure of dishonest intention is to harm another person unfairly, then such an act is considered

ACCORDING TO SECTION 380 OF THE INDIAN PENAL CODE, whoever steals in any building, tent or vessel, which is used for the custody of human habitation or property, then he is sentenced to imprisonment for a term which is May extend to seven years, and shall be punished with pecuniary penalty.

Section 380 IPC - Theft in residence, house etc., IPC section 380 (IPC section 380. Theft in dwelling house, etc.)

Sometimes in some movies you may have heard the dialog. Stealing happens stealing! Then whether it is small or big but Indian Penal Code says that there is a difference between small and big theft. Even there is a difference between theft from inside the house or shop and theft from outside. Theft committed inside the house is recorded under Section 380 of the IPC.

What Happened In England With This "Social Experiment" is that jury often denied conviction even when the evidence was clear and unambiguous. In the majority of cases where death was ordered, the magistrate would incorrectly record that the sentence had been sentenced, and instead sentenced the convict to prison in fact, or for transportation (meaning sent to Australia) . The English (who had never been particularly weak-kneed very much) had no stomach for the widespread execution of those who only got out of desperation for the crime.

The moral of the story seems to be that extremely harsh sentences lead to widespread disregard of the rule of law, often charged by those enforcing it, and the criminal justice system, and the abolition of public acceptance, And to believe. Thus ultimately not in the public interest.


With unscrupulous intentions,

Takes movable property,

By the possession of another person,

Without the consent of such a person,

And takes that property so that it can be carried.


The offense of theft is punishable under Section 379 of the Indian Penal Code. The person committing the theft will be punished for any term, not more than three years or a fine or both.

As per the first schedule of CRPC, it is a cognizable and non-bailable offense.


 For this, the person through whom he has done this will be punished with imprisonment for 7 years and punishable with monetary punishment.


Section 379 of the Penal Code speaks of punishment in the offenses of theft, imprisonment of three years or fine or fine with both for the usual theft. But his punishment can be reduced. And the accused can also be released by giving the benefit of probation under the Probation Act, 1958.

* According to the case: - Sunna vs. State- * The accused was convicted under Section 380 of the Penal Code on the theft of a bicycle and some clothes. The court ordered the accused to be released under Section 3 of the Criminal Probation Act, 1958 by giving him the benefit of probation because he had no prior criminal record against him and had committed the crime of theft by greed.


Section 380 of the Indian Penal Code (IPC) describes the crime of which the punishment is described as a non-bailable and cognizable offense. Here you should know that in case of cognizable offense and non-bailable, it is difficult to get bail because it is non-bailable and cognizable offense. This crime is not negotiable.

Under Section 381 of the IPC, if an employee commits any kind of theft from the place where he is employed, he can be punished with imprisonment up to seven years, or fine, or both. There is no bail, although a provision of agreement with the owner has been made.

Theft of property in the possession of the owner or employer by a clerk or servant.

Punishment - seven years imprisonment and financial punishment.

It is a non-bailable, cognizable offense and is negotiable by any magistrate.

This offense is negotiable by the aggrieved person (owner of the stolen property) with the permission of the court.


IPC Section 381 Offense: Theft by the clerk or servant of property in the possession of the master or employer.

  • punishment for the case of ipc section 381-In the case of Section 381 of the IPC, there is a provision of 7 years + fine.

  • Section 381 of the IPC is cognizable.

  • Section 381 of the IPC is non-bailable.

  • The case under Section 381 of the IPC can be presented in any court magistrate.

IPC Section 382 - Theft after preparation made for causing death, hurt or restraint in order to the committing of the theft.

Section 382 is also very important in the case of theft under which it is said that if someone threatens, intimidates, talks about killing or causes harm to someone for the purpose of stealing, then such The case provides for imprisonment up to 10 years, or fine or both.

Stealing after preparing to cause death, damage or obstruction to theft.

Punishment - Ten years of rigorous imprisonment and financial punishment.

It is a non-bailable, cognizable offense and is negotiable by a first-degree magistrate.

  • This crime is not negotiable.

  • Section 382 of the IPC provides for rigorous imprisonment for 10 years + fine.

  • Section 382 of the IPC is cognizable.

  • Section 382 of the IPC is non-bailable.

  • The case of Section 382 of the IPC can be presented to a court first class magistrate.


It is necessary that the person who has suffered wrongful loss by theft should file a necessary complaint against it. However, anyone who is aware of the theft can complain.


Whereas under IPC there is no definition of theft in normal value - monetary value of Rs. 50 / - or more will attract penalty as per section 429. Therefore, it can be understood as a downward value especially in the case of Kiddar v. State, when Alok Kiddar opposed being punished for the theft of his Rs. 50 / - (1949). Further, the judge decided that anything above Rs. 50 / - was a royal theft.


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