Answer
Theft:
According to Section 378 of P.P.C... whoever, intending to take dishonestly any moveable 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.
Constituent ingredients:
To constitute theft five factors are essential:
I. Dishonest intention to take property.
2. The property must be moveable.
3. It should be taken Cut of the possession of another person.
4. It should be taken without the consent of that person.
5. There must be some removal to accomplish the taking of it.
Explanation:
1. Dishonest intention to take property:
It is initially for the prosecution to prove that the accused had acted the circumstance show that the property has been removed in the assertion of a bona fide claim or right it is not theft. A person can however, be convicted of stealing his own property as where A having pawned his watch 1 Z takes it out of Z’, s possession of without Z’s consent, not having paid what he borrowed on the watch. And though the watch is h own property. A commits theft, as he takes it dishonestly similarly A owes money to Z for repairing the watch, and it fully as a security for the debt, and A takes the watch out of Z’s possession, with the intention of depriving Z of property as a security for his debt, I commits theft, inasmuch as takes it dishonestly. But if A having owned to Z any debt for which could detain the watch as security enters the shop openly and takes his watch by force out of Z’s h A is not guilty of theft as he did not and dishonestly although he r have committed criminal trespass all assault. Similarly if A in good faith, believing a property belonging to Z to be A’s own property, takes that property out of B’s possession A, as he does no take it dishonestly does not commit theft. But if A takes an article belonging to Z out of Z’s possession Without Z’s cons with in intention of keeping it until obtains money from Z as a reward for re oration. A having taken the article dishonestly has committed theft A servant is however, not guilty of theft’ when what he does is at master’s bidding, unless he participates his master’s knowledge dishonest nature of he acts: But if the servant entrusted by his master with the care of a certain movable property runs away with it without master’s he servant is guilty of theft.
2. Property must be movable:
A thing so long as it is attached to the earth not being movable property is not the subject of theft becomes capable of being the subject of theft when it is severed from the earth.
3. It should be taken out of possession of another person:
The property must be in the possession of anther person from where it is there is no theft of wild animals birds or fish while at large, but there is a theft of tamed animals 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.
4. It should be taken without consent of that person:
The consent may be express or implied and may given either by the in possession, or by any person having for that purpose or implied authority. A being on friendly terms with Z, goes a and takes away a book without Z’s express consent for the purpose of merely reading it and with the Intention of returning I Ire it is probable that A may have conceived that he had Z’s implied consent louse Z’s book If this was A’s impression, A has not committed theft. A asks charity from Z’s wife. She gives A money food, and clothes which A knows to belong to Z, her husband Here
it is that A may conceive that Z’s wife is authorized to give alms. If this was A’s impression A has not committed theft.
The position is not the same. A is the paramour of Z’s wife and she valuable property, which A knows to belong to her husband Z, and to be such property as she has not authority from Z to give. If the property dishonestly he commits theft.
5. There must be some removal of the property in order to accomplish the taking of it:
A puts a bait for dogs in his pocket, and induces Z’s dog to follow it. Here if A‘s intention be dishonestly to take the dog out of Z’s possession without Z’s consent, A has committed theft as soon as Z’s dog has begun to follow A. Again A meets a bullock carrying a box of treasure. He drives the bullock in a certain direction in order that he may dishonestly take the treasure. As soon as the bullock begins to move, A has committed theft of the treasure. Similarly, A sees a ring belonging to Z lying on a table in Z’s house. Not entering to misappropriate the ring immediately for fear of search and detection A hides, the ring in a place where it is highly improbable that it will ever he found by Z, with the intention of taking the from (he hiding place and selling it when the loss is forgotten. Here, A at the time of first moving the ring commits theft.
Punishment for theft:
Whoever commits theft shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
Aggravated form of offence:
The following are aggravated forms of the offence:
1. Theft in any building, tent, or vessel, used as a human dwelling or for the custody of property (S. 380)
2. Theft by a clerk or a servant of property in possession of his master. (S.381)
3. Theft after preparation made of death, hurt, or restraint to any person, in order to the committing of such theft or the effecting of such escape afterwards, or the retaining of property taken by such theft. (S. 82)
Extortion:
According to Section 383, a person is said to commit extortion, if he-
1.Intentionally puts any person in fear of any injury to that person or any other, and
2. Thereby dishonestly induces him to deliver to any person:
(i) any property, or
(ii) valuable security, or
(iii) any thing singed or sealed which may be converted into a valuable security,
Elements:
The two important, elements of extortion are:
1. Intentionally putting any person in fear of injury to himself or another, and thereby;
(2) Dishonesty inducing such person to deliver any property valuable security to any person.
(a) A threatens to publish a defamatory liable concerning unless Z gives him money. He thus induces Z to give money. A has committed extortion.
(b) A threatens Z that he will keep Z’s child in confinement unless Z will sign and deliver to .4, promissory note binding Z, to pay certain money to Z signs and delivers the note, A has committed extortion
Punishment for extortion:
Whoever commits extortion shall punished with imprisonment of either description for a term which extend to three years. or with fine, or with both.