Skip to main content

THEFT

 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.


LEGAL DEFINITION OF THEFT

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.


WHAT ARE THE FIVE ESSENTIALS OF THEFT:-

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.



WHAT IS THE PUNISHMENT FOR THEFT

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.




WHAT WILL BE THE PUNISHMENT IN SECTION 380 OF THE IPC

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



EXEMPTION IN PUNISHMENT OF THEFT OFFENSE: -

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.


PROVISION OF BAIL IN SECTION 380 OF IPC

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.


OFFENSE UNDER SECTION 381 OF IPC?

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.


WHO CAN FILE A COMPLAINT FOR THEFT

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.


ACCORDING TO IPC, WHAT IS THE MINIMUM VALUE (IN TERMS OF MONEY) OF AN ITEM TO CONSIDER IN CASE OF THEFT?

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.


Comments

Popular posts from this blog

SkymoviesHD 2021 – Free Download Bollywood, Hollywood Movies

  What is  "  Skymovieshd"? Skymovies is a piraded movie download website that allows to download and watch high quality movies in Hindi. The Skymovies site offers 3GP, MP4, HD MP4 mobile movies, HD Avi movies, TV show.  SkymoviesHD New Links 2020: The movie is available to download in the following format on SkymoviesHD 360p 480p 720p 1080p HDRip Bluray DVDScr DVDrip skymovies.in skymovies.live sky.co.nz skymovies.com sky-movies.in skymovies.org skymovies.hd skymovies.con skymovies.new skymovies.south skymovies.arg skymovies.in Best Torrent Proxy Skymovies every website close it by gov, the proxy site is also very popular to open it. Through these websites you can open any download website and can download movies and series easily.  Unblock Source Link is the   most popular. Their efforts to control  skymoviesHd   are in vain , despite much efforts by government and officers  .  Currently  lakhs of people are using  websites  like  skymov

MKV Movies- MKVCinemas Free Bollywood Movie Download Hollywood In 300MB

Mkvcinema, mkv movies, mkvcinemas, mkvcinema, mkv movie, mkv cinemas, mkv cinema, mkv movies download, mkvcinema    in, mkv movies hollywood  Everyone loves to watch movies and if they get it for free, then everyone definitely makes it Would like to download. Today we will learn about the subject of one such free movie downloading site through this article. The site is named  mkvcinemas.nl  . I think you must have heard about this website before. So I thought why not give you complete information about  mkvcinemas  movies. As a user, you need to know what  mkvcinemas hollywood  is and how it works. With this, you will learn in this article whether the South's secure site is  mkvcinemas  . So let's start without delay. If you too are reading this post then it means that you also want to download  mkvcinemas 2020  latest URL and  mkvcinemas  latest domain and  mkvcinemas  latest songs. You are probably also worried about the fact that the link which used to work

6 movies coming to OTT in theaters and 4 films released this week

  We grew up watching movies every single weekend in theaters of single weekends. Today, with the rise of multi-screen franchises and OTT platforms, we are spoiled for choice. From new releases to old classics, we can like to watch whatever we want, whenever we want. And yet, online streaming also does not compare to theatrical experience. Whether you love the experience of watching a gorgeous movie in theaters or browsing from the comfort of your couch, there is something new to see every day. What is your collection for this week: Godzilla vs Kang language English Release Date: March 26, 2021 Playing in theaters This fantasy action drama brings two scary monsters Godzilla and Kong face to face. As demons fight it out in battles of grand proportions, humanity must find a way to save and secure its future. Haathi Mere Saathi Language: Hindi (Aranya - Telugu, Kadan - Tamil) Release Date: 24 March 2021 Playing in theaters Released as 'Aranya in Telugu' and 'Kaadan in Tamil