By
Sandeep Harish B, III year of B.A.,LL.B.
Introduction
A person intends to dishonestly take any other person’s movable property out of the possession of any other person without his consent and move the property to such a taking, then the person is said to commit an offence of theft.
Essentials elements for theft
1. A person has a dishonest intention to take a property
2. Property must be movable property
3. A property taken by the accused person without the consent of the owner
4. It must be the removal of the movement of the property in the purpose of taking it
5. A property taken out of the possession of the person. Such a person does need not a lawful owner.
Dishonest intention
There was no theft if there is no dishonest intention. Dishonest intention means the intention to cause the wrongful gain to the person and loss to another person. At the time of taking this property, the person must be a dishonest intention. Dishonest is the most essential element for the theft.
For example, A goes to B’s jewellery shop. A has dishonest intentions to take the gold chain in B’s jewellery shop. So A was capturing the gold chain in B’s jewellery shop. So A has committed a theft.
The property must be movable
Theft has been only a movable property. Immovable property includes all properties attached to the Earth permanently. If the immovable property is serving to the ground, it becomes movable property and theft can be committed to serving the property
For example, A cut down the tree for B’s land without the consent of the B. so A has committed a theft.
The property must be taken by the accused without the consent of the owner
If any person takes a movable property without the consent of the person, if there is express or implied consent, and then there can be no theft.
For example, A goes to the B’s house and to take 10,000 rupees for the rent without the consent of the B
It must be the removal of the movement of the property in the purpose of taking it
In the offence of a theft, there must be some movement of the property to take. If the property has no move, there is no theft.
For example: ‘A’ puts bait for dogs in his pocket, and these induce B’s dog to also follow it. If A has a dishonest intention to take the dog out of B’s possession without B's consent, A commits theft as soon as Z’s dog has begun to follow the A.
The property must be taken out of the possession of a person. Such a person need not be a lawful owner
The property must be stolen in someone's possession. The property must be taken out of such a possession. Ownership of the property needs not to be necessary. Thus, the offence of theft is an offence against possession and not against the title.
For example: If A steals the goods of X and B steals them from A, both A and B has committed the theft.
Theft for spouse’s property
Section 378 of IPC, both wife and husband are liable for the theft of property belonging to the other person.
For example, the husband is liable for theft if the husband takes away the exclusive property for his wife and vice versa.
Punishment for theft (section 379)
The theft punishment is three years or fine or with both.
Aggravated forms of a theft
1. Section- 380 Theft of the property from any tent or vessel, building used as a human dwelling - punishment for the offence is imprisonment up to a fine and seven years.
2. Section- 381 Theft of the master’s property by the servant or a clerk - punishment for the offence is imprisonment up to a fine or seven years.
3. Section- 382 committing theft after preparing for causing hurt or restraint, death to such commit of the theft- punishment for the rigorous imprisonment up to fine and ten years.
Conclusion
If any person takes the movable property without the consent of the owner, it is known as theft and the above topic is mentioned about the essentials and punishment of the theft. The essentials must be important in the theft.