IPC
- Indian Penal Code
CHAPTER XVII : OF OFFENCES AGAINST
PROPERTY
378. Theft
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.
Explanation 1- A thing so Long
as it is attached to the earth, not being movable property, is not the
subject of theft; but it becomes capable of being the subject of theft
as soon as it is severed from the earth.
Explanation 2- A moving effected
by the same act which affects the severance may be a theft.
Explanation 3- A person is said
to cause a thing to move by removing an obstacle which prevented it from
moving or by separating it from any other thing as well as by actually
moving. it.
Explanation 4- A person, who by
any means causes an animal to move, is said to move that animal, and to
move everything. which, in consequence of the motion so caused, is moved
by that animal.
Explanation 5- The consent mentioned
in the definition may be express or implied, and may be given either by
the person in possession, or by any person having for the purpose authority
either express or implied.
Illustrations
(a) A cuts down a tree on Z's
around, with the intention of dishonestly taking the tree out of Z's possession
without Z's consent. Here, as soon as A has severed the tree in order
to such taking, he has committed theft.
(b) A puts a bait for dogs in
his pocket, and thus 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.
(c) 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.
(d) A, being Z's servant, and
entrusted by Z with the care of Z's plate, dishonestly runs away with
the plate, without Z's consent. A has committed theft.
(e) Z, going on a journey, entrusts
his plate to A, the keeper of the 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.
(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.
(h) A sees a ring belonging to
Z lying on a table in Z's house. Not venturing 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 be found by Z, with the
intention of taking the ring from the hiding place and selling it when
the loss is forgotten. Here A, at the time of first moving the ring, commits
theft.
(i) A delivers his watch to Z,
a jeweller, to be regulated. Z carries it to his shop. A, not owing to
the jeweller any debt for which the jeweller might lawfully detain the
watch as a security, enters the shop openly, takes his watch by force
out of Z's hand, and carries it away. Here A, though he may have committed
criminal trespass and assault, has not committed theft, in as much as
what he did was not done dishonestly.
(j) If A owes money to Z for repairing
the watch, and if Z retains the watch lawfully as a security for the debt,
and A takes the watch out of Z's possession, with the intention of depriving
Z of the property as a security for his debt, he commits theft, in as
much as he takes it dishonestly.
(k) Again, if A, having pawned
his watch to Z, takes it out of Z's possession without Z's consent, not
having paid what he borrowed on the watch, he commits theft, though the
watch is his own property in as much as he takes it dishonestly.
(l) A takes an article belonging
to Z out of Z's possession, without Z's consent, with the intention of
keeping it until he obtains money from Z as a reward for its restoration.
Here A takes dishonestly; A has therefore committed theft.
(m) A, being, on friendly terms
with Z, goes into Z's library in Z's absence, and takes away a book without
Z's express consent for the purpose merely of reading it, and with the
intention of returning it. Here, it is probable that A may have conceived
that he had Z's implied consent to use Z's book. If this was A's impression,
A has not committed theft.
(n) 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 probable that A may conceive that Z's wife is authorised
to give away alms. If this was A's impression, A has not committed theft.
(o) A is the paramour of Z's wife.
She gives a valuable property, which A knows to belong to her husband
Z, and to be such property as she has no authority from Z to give. If
A takes the property dishonestly, he commits theft.
(p) A,
in good faith, believing property belonging to Z to be A's own property,
takes that property out of B's possession. Here, as A does not take dishonestly,
he does not commit theft.
379. 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.
380. Theft in dwelling house, etc.
Whoever
commits theft in any building, tent or vessel, which building, tent or
vessel is used as a human dwelling, or used for the custody of property,
shall be punished with imprisonment of either description for a term which
may extend to seven years, and shall also be liable to fine.
STATE
AMENDMENTS
In
State of Tamil Nadu
Section
380 shall be renumbered as sub-section (1) of that section and after sub-section
(1) so renumbered, the following sub-section shall be inserted: -
"(2) Whoever commits theft
in respect of any idol or icon in any building used as a place of worship
shall be punished with rigorous imprisonment for a term which shall not
be less than two years but which may extend to three years and with fine
which shall not be less than two thousand rupees:
Provided
that the court may, for adequate and special reasons to be mentioned in
the .judgement impose a sentence of imprisonment for a term of less than
two years."
381. Theft by clerk or servant of property in possession of master
Whoever,
being a clerk or servant, or being employed in the capacity of a clerk
or servant, commits theft in respect of any property in the possession
of his master or employer, shall be punished with imprisonment of either
description for a term which may extend to seven years, and shall also
be liable to fine.
382. Theft after preparation made for causing death, hurt or
restraint in order to the committing of the theft
Whoever
commits theft, having made preparation for causing death, or hurt, or
restraint, or fear of death, or of hurt, or of restraint, to any person,
in order to the committing of such theft, or in order to the effecting
of his escape after the committing. of such theft, or in order to the
retaining of property taken by such theft, shall be punished with rigorous
imprisonment for a term which may extend to ten years, and shall also
be liable to fine.
Illustrations
(a) A commits theft on property
in Z's possession; and, while committing this theft, he has a loaded pistol
under his garment, having provided this pistol for the purpose of hurting
Z in case Z should resist. A has committed the offence defined in this
section.
(b) A picks Z's pocket, having
posted several of his companions near him, in order that they may restrain
Z, if Z should perceive what is passing and should resist, or should attempt
to apprehend A. A has committed the offence defined in this section.
Of
Extortion
383. Extortion
Whoever
intentionally puts any person in fear of any injury to that person, or
to any other, and thereby dishonestly induces the person so put in fear
to deliver to any person any property or valuable security, or anything
signed or sealed which may be converted into a valuable security, commits
"extortion".
Illustrations
(a) A threatens to publish a defamatory
libel concerning Z unless Z gives him money. He thus induces Z to give
him money. A has committed extortion.
(b) A threatens Z that he will
keep Z's child in wrongful confinement, unless Z will sign and deliver
to A a promissory note binding Z to pay certain monies to A. Z signs and
delivers the note. A has committed extortion.
(c) A threatens to send club-men
to plough up Z's field unless Z will sign and deliver to B a bond binding
Z under a penalty to deliver certain produce to B, and thereby induces
Z to sign and deliver the bond. A has committed extortion.
(d) A,
by putting Z in fear of grievous hurt, dishonestly induces Z to sign or
affix his seal to a blank paper and deliver it to A. Z signs and delivers
the paper to A. Here, as the paper so signed may be converted into a valuable
security. A has committed extortion.
384. Punishment for extortion
Whoever
commits extortion shall be punished with imprisonment of either description
for a term which may extend to three years, or with fine, or with both.
385. Putting person in fear of injury in order to commit extortion
Whoever,
in order to the committing of extortion, puts any person in fear, or attempts
to put any person in fear, of any injury, shall be punished with imprisonment
of either description for a term which may extend to two years, or with
fine, or with both.
386. Extortion by putting a person in fear of death or grievous
hurt to
Whoever
commits extortion by putting any person in fear of death or of grievous
hurt to that person or to any other, shall be punished with imprisonment
of either description for a term which may extend to ten years, and shall
also be liable to fine.
387. Putting person in fear of death or of grievous hurt, in
order to commit extortion
Whoever,
in order to the committing of extortion, puts or attempts to put any person
in fear of death or of grievous hurt to that person or to any other, shall
be punished with imprisonment of either description for a term which may
extend to seven years, and shall also be liable to fine.
388. Extortion by threat of accusation of an offence punishable
with death or imprisonment for life, etc.
Whoever
commits extortion by putting any person in fear of an accusation against
that person or any other, of having committed or attempted to commit any
offence punishable with death, or with 152[imprisonment for life], or
with imprisonment for a term which may extend to ten years or of having
attempted to induce any other person to commit such offence, shall be
punished with imprisonment of either description for a term which may
extend to ten years, and shall also be liable to fine; and, if the offence
be one punishable under section 377 of this Code, may be punished with
152[imprisonment for life].
389. Putting person in fear of accusation of offence, in order
to commit extortion
Whoever,
in order to the committing of extortion, puts or attempts to put any person
in fear of an accusation, against that person or any other, of having
committed, or attempted to commit an offence punishable with death or
with 152imprisonment for life], or with imprisonment for a term which
may extend to ten years, shall be punished with imprisonment of either
description for a term which may extend to ten years, and shall also be
liable to fine; and, if the offence be punishable under section 377 of
this Code, may be punished with 152[imprisonment for life].
Of
Robbery and Dacoity
390. Robbery
In all
robbery there is either theft or extortion.
When theft is robbery- Theft is
"robbery" if, in order to the committing of the theft, or in
committing the theft, or in carrying away or attempting to carry away
property obtained by the theft, the offender, for that end, voluntarily
causes or attempts to cause to any person death or hurt or wrongful restraint,
or fear of instant death or of instant hurt, or of instant wrongful restraint.
When extortion is robbery- Extortion
is "robbery" if the offender, at the time of committing the
extortion, is in the presence of the person put in fear, and commits the
extortion by putting that person in fear of instant death, of instant
hurt, or of instant wrongful restraint to that person or to some other
person, and, by so putting in fear, induces the person so put in fear
then and there to deliver up the thing extorted.
Explanation- The offender is said
to be present if he is sufficiently near to put the other person in fear
of instant death, of instant hurt, or of instant wrongful restraint.
Illustrations
(a) A holds Z down and fraudulently
takes Z's money and jewels from Z's clothes without Z's consent. Here
A has committed theft, and in order to the committing of that theft, has
voluntarily caused wrongful restraint to Z. A has therefore committed
robbery.
(b) A meets Z on the high roads,
shows a pistol, and demands Z's purse. Z in consequence, surrenders his
purse. Here A has extorted the purse from Z by putting him in fear of
instant hurt, and being at the time of committing the extortion in his
presence. A has therefore committed robbery.
(c) A meets Z and Z's child on
the high road. A takes the child and threatens to fling it down a precipice,
unless Z delivers his purse. Z, in consequence delivers his purse. Here
A has extorted the purse from Z, by causing Z to be in fear of instant
hurt to the child who is there present. A has therefore committed robbery
on Z.
(d) A
obtains property from Z by saying- "Your child is in the hands of
my gang, and will be put to death unless you send us ten thousand rupees".
This is extortion, and punishable as such; but it is not robbery, unless
Z is put in fear of the instant death of his child.
391. Dacoity
When five
or more persons conjointly commit or attempt to commit a robbery, or where
the whole number of persons conjointly committing or attempting to commit
a robbery, and persons present and aiding such commission or attempt,
amount to five or more, every person so committing, attempting or aiding,
is said to commit "dacoity".
392. Punishment for robbery
Whoever
commits robbery shall be punished with rigorous imprisonment for a term
which may extend to ten years, and shall also be liable to fine; and,
if the robbery be committed on the highway between sunset and sunrise,
the imprisonment may be extended to fourteen years.
393. Attempt to commit robbery
Whoever
attempts to commit robbery shall be punished with rigorous imprisonment
for a term which may extend to seven years, and shall also be liable to
fine.
394. Voluntarily causing hurt in committing robbery
If any
person, in committing or in attempting to commit robbery, voluntarily
causes hurt, such person, and any other person jointly concerned in committing
or attempting, to commit such robbery, shall be punished with 152[imprisonment
for life], or with rigorous imprisonment for a term which may extend to
ten years, and shall also be liable to fine.
395. Punishment for dacoity
Whoever
commits dacoity shall be punished with 152[imprisonment for life], or
with rigorous imprisonment for a term which may extend to ten years, and
shall also be liable to fine.
396. Dacoity with murder
If any
one of five or more persons, who are conjointly committing dacoity, commits
murder in so committing dacoity, every one of those persons shall be punished
with death, or 152[imprisonment for life], or rigorous imprisonment for
a term which may extend to ten years, and shall also be liable to fine.
397. Robbery, or dacoity, with attempt to cause death or grievous
hurt
If, at
the time of committing robbery or dacoity, the offender uses any deadly
weapon, or causes grievous hurt to any person, or attempts to cause death
or grievous hurt to any person, the imprisonment with which such offender
shall be punished shall not be less than seven years.
398. Attempt to commit robbery or dacoity when armed with deadly
weapon
If, at
the time of attempting to commit robbery or dacoity, the offender is armed
with any deadly weapon, the imprisonment with which such offender shall
be punished shall not be less than seven years.
399. Making preparation to commit dacoity
Whoever
makes, any preparation for committing dacoity, shall be punished with
rigorous imprison- ment for a term which may extend to ten years, and
shall also be liable to fine.
400. Punishment for belonging to gang of dacoits
Whoever,
at any time after the passing of' this Act, shall belong, to a gang of
persons associated for the purpose of habitually committing dacoity, shall
be punished with 152[imprisonment for life], or with rigorous imprisonment
for a term which may extend to ten years, and shall also be liable to
fine.
401. Punishment for belonging to gang of thieves
Whoever,
at any time after the passing of this Act, shall belong to any wandering
or other gang of persons associated for the purpose of habitually committing
theft or robbery, and not being a gang of 'thugs or dacoits, shall be
punished with rigorous imprisonment for a term which may extend to seven
years, and shall also be liable to fine.
402. Assembling for purpose of committing dacoity
Whoever,
at any time after the passing of this Act, shall be one of five or more
persons assembled for the purpose of committing dacoity, shall be punished
with rigorous imprisonment for a term which may extend to seven years,
and shall also be liable to fine.
Of
Criminal Misappropriation of Property
403. Dishonest misappropriation of property
Whoever
dishonestly misappropriates or converts to his own use any movable property,
shall be punished with imprisonment of either description for a term which
may extend to two years, or with fine, or with both.
Illustrations
(a) A takes property belonging
to Z out of Z's possession, in good faith, believing, at any time when
he takes it, that the property belongs to himself. A is not guilty of
theft; but if A, after discovering his mistake, dishonestly appropriates
the property to his own use, he is guilty of an offence under this section.
(b) A, being on friendly terms
with Z, goes into Z's library in Z's absence, and takes away a book without
Z's express consent. Here, if A was under the impression that he had Z's
implied consent to take the book for the purpose of reading it, A has
not committed theft. But, if A afterwards sells the book for his own benefit,
he is guilty of an offence under this section.
(c) A and B, being joint owners
of a horse, A takes the horse out of B's possession, intending, to use
it. Here, as A has a right to use the horse, he does not dishonestly misappropriate
it. But, if A sells the horse and appropriates the whole proceeds to his
own use, he is guilty of an offence under this section.
Explanation 1- A dishonest misappropriation
for a time only is a misappropriation with the meaning of this section.
Illustration
A finds a Government promissory
note belonging to Z, bearing a blank endorsement. A, knowing that the
note belongs to Z, pledges it with a banker as a security for a loan,
intending. at a future time to restore it to Z. A has committed an offence
under this section.
Explanation 2- A person who finds
property not in the possession of any other person, and takes such property
for the purpose of protecting if for, or of restoring it to, the owner
does not take or misappropriate it dishonestly, and is not guilty of an
offence; but he is guilty of the offence above defined, if he appropriates
it to his own use, when he knows or has the means of discovering the owner,
or before he has used reasonable means to discover and give notice to
the owner and has kept the property a reasonable time to enable the owner
to claim it.
What are reasonable means or what
is a reasonable time in such a case, is a question of fact.
It is not necessary that the finder
should know who is the owner of the property, or that any particular person
is the owner of it; it is sufficient if, at the time of appropriately
it, lie does not believe it to be his own property, or in good faith believe
that the real owner cannot be found.
Illustrations
(a) A finds a rupee on the high
road, not knowing to whom the rupee belongs. A picks up the rupee. Here
A has not committed the offence defined in this section.
(b) A finds a letter on the road,
containing a bank note. From the direction and contents of the letter
he learns to whom the note belongs. He appropriates the note. He is guilty
of an offence under this section.
(c) A finds a cheque payable to
bearer. He can form no conjecture as to the person who has lost the cheque.
But the name of the person, who has drawn the cheque, appears. A knows
that this person can direct him to the person in whose favour the cheque
was drawn. A appropriates the cheque without attempting to discover the
owner. He is guilty of an offence under this section.
(d) A sees Z drop his purse with
money in it. A picks up the purse with tile intention of restoring it
to Z, but afterwards appropriates it to his own use. A has committed an
offence under this section.
(e) A finds a purse with money,
not knowing to whom it belongs; lie afterwards discovers that it belongs
to and appropriates it to his own use. A is guilty of an offence under
this section.
(f) A
finds a valuable ring, not knowing to whom it belongs. A sells it immediately
without attempting to discover. the owner. A is guilty of an offence under
this section.
404. Dishonest misappropriation of property possessed by deceased
person at the time of his death
Whoever
dishonestly misappropriates or converts to his own use property, knowing
that such property was in the possession of a deceased person at the time
of that person's decease, and has not since been in the possession of
any person legally entitled to such possession, shall be punished with
imprisonment of either description for a term which may extend to three
years, and shall also be liable to fine; and if the offender at the time
of such person's decease was employed by him as a clerk or servant, the
imprisonment may extend to seven years.
Illustration
Z dies
in possession of furniture and money. His servant A, before the money
comes into the possession of any person entitled to such possession, dishonestly
misappropriates it. A has committed the offence defined in this section.
Of
Criminal Breach of Trust
405. Criminal breach of trust
Whoever,
being in any manner entrusted with property, or with any dominion over
property, dishonestly misappropriates or converts to his own use that
property, or dishonestly uses or disposes of that property in violation
of any direction of law prescribing the mode in which such trust is to
be discharged, or of any legal contract, express or implied, which he
has made touching the discharge of such trust, or wilfully suffers any
other person so to do, commits "criminal breach of trust".
168[Explanation 169[1]- A person,
being an employer 170[of an establishment whether exempted under section
17 of the Employees' Provident Funds and Miscellaneous Provisions Act,
1952 (19 of 1952), or not] who deducts the employee's contribution from
the wages payable to the employee for credit to a Provident Fund or Family
Pension Fund established by any law for the time being in force, shall
be deemed to have been entrusted with the amount of the contribution so
deducted by him and if he makes default in the payment of such contribution
to the said Fund in violation of the said law, shall be deemed to have
dishonestly used the amount of the said contribution in violation of a
direction of law as aforesaid.]
171[Explanation 2- A person, being
an employer, who deducts the employees' contribution from the wages payable
to the employee for credit to the Employees' State Insurance Fund held
and administered by the Employees' State Insurance Corporation established
under. the Employees' State Insurance Act, 1948 (34 of 1948), shall be
deemed to have been entrusted with the amount of the contribution so deducted
by him and if he makes default in the payment of such contribution to
the said Fund in violation of the said Act, shall be deemed to have dishonestly
used the amount of the said contribution in violation of a direction of
law as aforesaid.]
Illustrations
(a) A, being executor to the will
of a deceased person, dishonestly disobeys the law which directs him to
divide the effects according to the will, and appropriate them to his
own use. A has committed criminal breach of trust.
(b) A is a warehouse-keeper. Z
going on a journey, entrusts his furniture to A, under a contract that
it shall be returned on payment of a stipulated sum for warehouse room.
A dishonestly sells the goods. A has committed criminal breach of trust.
(c) A, residing in Calcutta, is
agent for Z, residing at Delhi. There is an express or implied contract
between A and Z, that all sums remitted by Z to A shall be invested by
A, according to Z's direction. Z remits a lakhs of rupees to A, with directions
to A to invest the same in Company's paper. A dishonestly disobeys the
direction and employs the money in his own business. A has committed criminal
breach of trust.
(d) But if A, in the last illustration,
not dishonestly but in good faith, believing that it will be more for
Z's advantage to hold shares in the Bank of Bengal, disobeys Z's directions,
and buys shares in the Bank of Bengal, for Z, instead of buying Company's
paper, here, though Z should suffer loss, and should be entitled to bring
a civil action against A, on account of that loss, yet A, not having acted
dishonestly, has not committed criminal breach of trust.
(e) A, a revenue-officer, is entrusted
with public money and is either. directed by law, or bound by a contract,
express or implied, with the Government, to pay into a certain treasury
all the public money which he holds. A dishonestly appropriates the money.
A has committed criminal breach of trust.
(f) A,
a carrier, is entrusted by Z with property to be carried by ]and or by
water. A dishonestly misappropriates the property. A has committed criminal
breach of trust.
406. Punishment for criminal breach of trust
Whoever
commits criminal breach of trust shall be punished with imprisonment of
either description for a term which may extend to three years, or with
fine, or with both.
407. Criminal breach of trust by carrier, etc.
Whoever.
being entrusted with property as a carrier, wharfinger or warehouse-keeper,
commits criminal breach of trust in respect of such property, shall be
punished with imprisonment of either description for a term which may
extend to seven years, and shall also be liable to fine.
408. Criminal breach of trust by clerk or servant
Whoever,
being clerk or servant or employed as a clerk or servant, and being in
any manner entrusted in such capacity with property, or with any dominion
over property, commits criminal breach of trust in respect of that property,
shall be punished with imprisonment of either description for a term which
may extend to seven years, and shall also be liable to fine.
409. Criminal breach of trust by public servant, or by banker,
merchant or agent
Whoever,
being in any manner entrusted with property, or with any dominion over
property in his capacity of a public servant or in the way of his business
as a banker, merchant, factor, broker, attorney or agent, commits criminal
breach of trust in respect of that property, shall be punished with 152[imprisonment
for life], or with imprisonment of either description for a term which
may extend to ten years, and shall also be liable to fine.
Of
the Receiving of Stolen Property
410. Stolen Property
Property,
the possession whereof has been transferred by theft, or by extortion,
or by robbery, and property which has been criminally misappropriated
or in respect of which 172[***] criminal breach of trust has been committed,
is designed as "stolen property", 153[whether the transfer has
been made, or the misappropriation or breach of trust has been committed,
within or without 161[India]]. But, if such property subsequently comes
into the possession of a person legally entitled to the possession thereof,
it then ceases to be stolen property.
411. Dishonestly receiving stolen property
Whoever
dishonestly receives or retains any stolen property, knowing or having
reason to believe the same to be stolen property, shall be punished with
imprisonment of either description for a term which may extend to three
years, or with fine, or with both.
STATE
AMENDMENT
In
State of Tamil Nadu
Section
411 shall be renumbered as sub-section (1) of that section and after sub-section
(1) so renumbered, the following subsection shall be inserted: -
"(2) Whoever dishonestly
receives or retains any idol or icon stolen from any building used as
a place of worship knowing or having reason to believe the same to be
stolen property shall, notwithstanding anything contained in sub-section
(1), be punished with rigorous imprisonment which shall not be less than
two years but which shall not be less than two thousand rupees:
Provided
that the court may, for adequate and special reasons to be mentioned in
the ,judgement, impose a sentence of imprisonment for a term of less than
two years.".
412. Dishonestly receiving property stolen in the commission of
a dacoity
Whoever
dishonestly receives or retains any stolen property, the possession whereof
he knows or has reason to believe to have been transferred by the commission
of dacoity, or dishonestly receives from a person, whom he knows or has
reason to believe to belong or to have belonged to a gang of dacoits,
property which he knows or has reason to believe to have been stolen,
shall be punished with 152[imprisonment for life], or with rigorous imprisonment
for a term which may extend to ten years, and shall also be liable to
fine.
413. Habitually dealing in stolen property
Whoever
habitually receives or deals in property which he knows or has reason
to believe to be stolen property, shall be punished with 152[imprisonment
for life], or with imprisonment of either description for a term which
may extend to ten years, and shall also be liable to fine.
414. Assisting in concealment of stolen property
Whoever
voluntarily assists in concealing or disposing of or making away with
property which he knows or has reason to believe to be stolen property,
shall be punished with imprisonment of either description for a term which
may extend to three years, or with fine, or with both.
Of
Cheating
415. Cheating
Whoever,
by deceiving any person, fraudulently or dishonestly induces the person
so deceived to deliver any property to any person, or to consent that
any person shall retain any property, or intentionally induces the person
so deceived to do or omit to do anything which he would not do or omit
if he were not so deceived, and which act or omission causes or is likely
to cause damage or harm to that person in body, mind, reputation or property,
is said to "cheat".
Explanation- A dishonest concealment
of facts is a deception within the meaning of this section.
Illustrations
(a) A, by falsely pretending to
be in the Civil Service, intentionally deceives Z, and thus dishonestly
induces Z to let him have on credit goods for which he does not mean to
pay. A cheats.
(b) A, by putting a counterfeit
mark on an article, intentionally deceives Z into a belief that this article
was made by a certain celebrated manufacturer, and thus dishonestly induces
Z to buy and pay for the article. A cheats.
(c) A, by exhibiting to Z a false
sample of an article, intentionally deceives Z into believing. that the
article corresponds with the sample, and thereby, dishonestly induces
Z to buy and pay for the article. A cheats.
(d) A, by tendering in payment
for an article a bill on a house with which A keeps on money, and by which
A expects that the bill will be dishonoured, intentionally deceives Z,
and thereby dishonestly induces Z to deliver the article, intending not
to pay for it.A cheats.
(c) A, by pledging as diamonds
article which he knows are not diamonds, intentionally deceives Z, and
thereby dishonestly induces Z to lend money. A cheats.
(f) A intentionally deceives Z
into a belief that A means to repay any money that Z may led to him and
thereby dishonestly induces Z to lend him money. A not intending to repay
it. A cheats.
(g) A intentionally deceives Z
into a belief that A means to deliver to Z a certain quantity of indigo
plant which he does not intend to deliver, and thereby dishonestly induces
Z to advance money upon the faith of such delivery. A cheats; but if A,
at the time of obtaining the money, intends to deliver the indigo plant,
and afterwards breaks his contract and does not deliver it, he does not
cheat, but is liable only to a civil action for breach of contract.
(h) A intentionally deceives Z
into a belief that A has performed A’s part of a contract made with
Z, which he has not performed, and thereby dishonestly induces Z to pay
money. A cheats.
(i) A
sells and conveys an estate to B. A, knowing that in consequence of such
sale he has no right to the property, sells or mortgages the same to Z,
without disclosing the fact of the previous sale and conveyance to B,
and receives the purchase or mortgage money for Z. A cheats.
416. Cheating by personation
A person
is said to "cheat by personation" if he cheats by pretending
to be some other person, or by knowingly substituting one person for another,
or representing that he or any other person is a person other than he
or such other person really is.
Explanation- The offence is committed
whether the individual personated is a real or imaginary person.
Illustration
(a) A cheats by pretending to
be a certain rich banker of the same name. A cheats by personation.
(b) A
cheats by pretending to be B, a person who is deceased. A cheats by personation.
417. Punishment for cheating
Whoever
cheats shall be punished with imprisonment of either description for a
term which may extend to one year, or with fine, or with both.
418. Cheating with knowledge that wrongful loss may ensue to person whose
interest offender is bound to protect
Whoever
cheats with the knowledge that he is likely thereby to cause wrongful
loss to a person whose interest in the transaction to which the cheating
relates, he was bound, either by law, or by a legal contract, to protect,
shall be punished with imprisonment of either description for a term which
may extend to three years, or with fine, or with both.
419. Punishment for cheating by personation
Whoever
cheats by personation shall be punished with imprisonment of either description
for a term which may extend to three years, or with fine, or with both.
420. Cheating and dishonestly inducing delivery of property
Whoever
cheats and thereby dishonestly induces the person deceived to deliver
any property to any person, or to make, alter or destroy the whole or
any part of a valuable security, or anything which is signed or sealed,
and which is capable of being converted into a valuable security, shall
be punished with imprisonment of either description for a term which may
extend to seven years, and shall also be liable to fine.
Of
Fraudulent Deeds and Disposition of Property
421. Dishonest or fraudulent removal or concealment of property to prevent
distribution among creditors
Whoever
dishonestly or fraudulently removes, conceals or delivers to any person,
or transfer or causes to be transferred to any person, without adequate
consideration, any property, intending thereby to prevent, or knowing
it to be likely that he will thereby prevent, the distribution of that
property according to law among his creditors or the creditors of any
other person, shall be punished with imprisonment of either description
for a term which may extend to two years, or with fine, or with both.
422. Dishonestly or fraudulently preventing debt being available
for creditors
Whoever
dishonestly or fraudulently prevents any debt or demand due to himself
or to any other person from being made available according to law for
payment of his debts or the debts of such other person, shall be punished
with imprisonment of either description for a term which may extend to
two years, or with fine, or with both.
423. Dishonest or fraudulent execution of deed of transfer containing
false statement of consideration
Whoever
dishonestly or fraudulently signs, executes or becomes a party to any
deed or instrument which purports to transfer or subject to any charge
any property, or any interest there in, and which contains any false statement
relating to the consideration for such transfer or charge, or relating
to the person or persons for whose use or benefit it is really intended
to operate, shall be punished with imprisonment of either description
for a term which may extend to two years, or with fine, or with both.
424. Dishonest or fraudulent removal or concealment of property
Whoever
dishonestly or fraudulently conceals or removes any property of himself
or any other person, or dishonestly or fraudulently assists in the concealment
or removal thereof, or dishonestly releases any demand or claim to which
he is entitled, shall be punished with imprisonment of either description
for a term which may extend to two years, or with fine, or with both.
Of
Mischief
425. Mischief
Whoever
with intent to cause, or knowing that he is likely to cause, wrongful
loss or damage to the public or to any person, causes the destruction
of any property, or any such change in any property or in the situation
thereof as destroys or diminishes its value or utility, or affects it
injuriously, commits "mischief".
Explanation 1- It is not essential
to the offence of mischief that the offender should intend to cause loss
or damage to the owner of the property injured or destroyed. It is sufficient
if he intends to cause, or knows that he is likely to cause, wrongful
loss or damage to any person by injuring any property, whether it belongs
to that person or not.
Explanation 2- Mischief may be
committed by an act affecting property belonging to the person who commits
the act, or to that person and others jointly.
Illustrations
(a) A voluntarily bums a valuable
security belonging to Z intending to cause wrongful loss to Z. A has committed
mischief.
(b) A introduces water into an
ice-house belonging to Z and thus causes the ice to melt, intending wrongful
loss to Z. A has committed mischief.
(c) A voluntarily throws into
a river a ring belonging to Z, with the intention of thereby causing wrongful
loss to Z. A has committed mischief.
(d) A, knowing that his effects
are about to be taken in execution in order to satisfy a debt due from
him to Z, destroys those effects, with the intention of thereby preventing
Z from obtaining satisfaction of the debt, and of thus causing. damage
to Z. A has committed mischief.
(e) A, having. insured a ship,
voluntarily causes the same to be cast away, with the intention of causing
damage to the under-writers. A has committed mischief.
(f) A causes a ship to be cast
away, intending thereby to cause damage to Z who has lent money on bottomry
on the ship. A has committed mischief.
(g) A, having joint property with
Z in a horse, shoots the horse, intending thereby to cause wrongful loss
to Z. A has committed mischief.
(h) A
causes cattle to enter upon a field belonging to Z, intending to cause
and knowing that he is likely to cause damage to Z's crop. A has committed
mischief.
426. Punishment for mischief
Whoever
commits mischief shall be punished with imprisonment of either description
for a term which may extend to three months, or with fine, or with both.
427. Mischief causing damage to the amount of fifty rupees
Whoever
commits mischief and thereby causes loss or damage to the amount of fifty
rupees or upwards, shall be punished with imprisonment of either description
for a term which may extend to two years, or with fine, or with both.
428. Mischief by killing or maiming animal of the value of ten
rupees
Whoever
commits mischief by killing, poisoning, maiming or rendering useless any
animal or the value of ten rupees or upwards, shall be punished with imprisonment
of either description for a term which may extend to two years, or with
fine, or both.
429. Mischief by killing or maiming cattle, etc., of any value
or any animal of the value of fifty rupees
Whoever
commits mischief by killing, poisoning, maiming or rendering useless,
any elephant, camel, horse, mule, buffalo, bull, cow or ox, whatever may
be the value thereof, or any other animal of the value of fifty rupees
or upwards, shall be punished with imprisonment of either description
for a term which may extend to five years, or with fine, or with both.
430. Mischief by injury to works of irrigation or by wrongfully
diverting water
Whoever
commits mischief by doing any act which causes, or which he knows to be
likely to cause, a diminution of the supply of water for agricultural
purposes, or for food or drink for human beings or for animals which are
property, or for cleanliness or for carrying, on any manufacture, shall
be punished with imprisonment of either description for a term which may
extend to five years, or with fine, or with both.
431. Mischief by injury to public road, bridge, river or channel
Whoever
commits mischief by doing any act which renders or which he knows to be
likely to render any public road, bridge, navigable river or navigable
channel, natural or artificial, impassable or less safe for travelling
or conveying property, shall be punished with imprisonment of either description
for a term which may extend to five years, or with fine, or with both.
432. Mischief by causing inundation or obstruction to public
drainage attended with damage
Whoever
commits mischief by doing any act which causes or which he knows to be
likely to cause an inundation or an obstruction to any public drainage
attended with injury or damage, shall be punished with imprisonment of
either description for a term which may extend to five years, or with
fine, or with both.
433. Mischief by destroying, moving or rendering less useful
a light-house or sea-mark
Whoever
commits mischief by destroying or moving any light-house or other light
used as a sea-mark or any sea-mark or buoy or other thing placed as a
guide for navigators, or by any act which renders any such light-house,
sea-mark, buoy or other such thing as aforesaid less useful as a guide
for navigators, shall be punished with imprisonment of either description
for a term which may extend to seven years, or with fine, or with both.
434. Mischief by destroying or moving, etc., a land-mark fixed
by public authority
Whoever
commits mischief by destroying or moving any land-mark fixed by the authority
of a public servant, or by any act which renders such land-mark less useful
as such, shall be punished with imprisonment of either description for
a term which may extend to one year, or with fine, or with both.
435. Mischief by fire or explosive substance with intent to cause
damage to amount of one hundred or (in case of agricultural produce) ten
rupees
Whoever
commits mischief by fire or any explosive substance intending to cause,
or knowing it to be likely that he will thereby cause, damage to any property
to the amount of one hundred rupees or upwards 153[or (where the property
is agricultural produce) ten rupees or upwards], shall be punished with
imprisonment of either description for a term which may extend to seven
years, and shall also be liable to fine.
436. Mischief by fire or explosive substance with intent to destroy
house, etc.
Whoever
commits mischief by fire or any explosive substance, intending to cause,
or knowing it to be likely that he will thereby cause, the destruction
of any building which is ordinarily used as a place of worship or as a
human dwelling or as a place for the custody of property, shall be punished
with 152[imprisonment for life], or with imprisonment of either description
for a term which may extend to ten years, and shall also be liable to
fine.
437. Mischief with intent to destroy or make unsafe a decked
vessel or one of twenty tons burden
Whoever
commits mischief to any decked vessel or any vessel of a burden of twenty
tons or upwards, intending to destroy or render unsafe, or knowing it
to be likely that he will thereby destroy or render unsafe, that vessel,
shall be punished with imprisonment of either description for a term which
may extend to ten years, and shall also be liable to fine.
438. Punishment for the mischief described in section 437 committed
by fire or explosive substance
Whoever
commits, or attempts to commit, by fire or any explosive substance, such
mischief as is described in the last preceding section, shall be punished
with 152[imprisonment for life], or with imprisonment of either description
for a term which may extend to ten years, and shall also be liable to
fine.
439. Punishment for intentionally running vessel aground or ashore
with intent to commit theft, etc.
Whoever
intentionally runs any vessel aground or ashore, intending to commit theft
of any property contained therein or to dishonestly misappropriate any
such property, or with intent that such theft or misappropriation of property
may be committed, shall be punished with imprisonment of either description
for a term which may extend to ten years, and shall also be liable to
fine.
440. Mischief committed after preparation made for causing death
or hurt
Whoever
commits mischief, having made preparation for causing to any person death,
or hurt, or wrongful restraint, or fear of death, or of hurt, or of wrongful
restraint, shall be punished with imprisonment of either description for
a term which may extend to five years, and shall also be liable to fine.
Of
Criminal Trespass
441. Criminal trespass
Whoever
enters into or upon property in the possession of another with intent
to commit an offence or to intimidate, insult or annoy any person in possession
of such property,
or having lawfully entered into
or upon such property, unlawfully remains there with intent thereby to
intimidate, insult or annoy any such person, or with intent to commit
an offence,
is said to commit "criminal
trespass".
STATE
AMENDMENT
In
State of Uttar Pradesh
For
section 441, substitute the following:-
"441. Criminal Trespass-
Whoever enters into or upon property in possession of another with intent
to commit an offence or to intimidate, insult or annoy and person in possession
of such property, or having lawfully entered into or upon such property,
unlawfully remains therewith intent thereby to intimidate, insult or annoy
any such person, or with intent to commit an offence,
or, having entered into or upon
such property, whether before or after the coming into force of the Criminal
Law (U.P. Amendment) Act, 1961, with the intention of taking unauthorised
possession or making unauthorised use of such property fails to withdraw
from such property or its possession or use, when called upon to do so
by that another person by notice in writing, duly served upon him, by
the date specified ill the notice.
is said
to commit "criminal trespass".
442. House trespass
Whoever
commits criminal trespass by entering into or remaining in any building,
tent or vessel used as a human dwelling. or any building used as a place
for worship, or as a place for the custody of property, is said to commit
"House-trespass".
Explanation-
The introduction of any part of the criminal trespasser's body is entering
sufficient to constitute house-trespass.
443. Lurking house-trespass
Whoever
commits house-trespass having taken precautions to conceal such house-trespass
from some person who has a right to exclude or eject the trespasser from
the building, tent or vessel which is the subject of the trespass, is
said to commit "lurking house-trespass".
444. Lurking house-trespass by night
Whoever
commits lurking house-trespass after sunset and before sunrise, is said
to commit "lurking house-trespass by night".
445. House breaking
A person
is said to commit "house-breaking" who commits house-trespass
if he effects his entrance into the house or any part of it in any of
the six ways here in after described; or if, being in the house or any
part of it for the purpose of committing an offence, or, having committed
an offence therein, he quits the house or any part of it in any of such
six ways, that is to say:-
First- If he enters or quits through
a passage by himself, or by any abettor of the house-trespass, in order
to the committing of the house-trespass.
Secondly- If he enters or quits
through any passage not intended by any person, other than himself or
an abettor of the offence, for human entrance; or through any passage
to which he has obtained access by scaling or climbing over any wall or
building.
Thirdly- If lie enters or quits
through any passage which he or any abettor of the house-trespass has
opened, in order to the committing of the house-trespass by any means
by which that passage was not intended by the occupier of the house to
be opened.
Fourthly- If he enters or quits
by opening any lock in order to the committing of the house-trespass,
or in order to the quitting of the house after a house-trespass.
Fifthly- If he effects his entrance
or departure by using criminal force or committing an assault or by threatening
any person with assault.
Sixthly- If he enters or quits
by any passage which he knows to have been fastened against such entrance
or departure, and to have been unfastened by himself or by an abettor
of the house-trespass.
Explanation- Any out-house or
building occupied with a house, and between which and such house there
is an immediate internal communication, is part of the house within the
meaning of this section.
Illustrations
(a) A commits house-trespass by
making a hole through the wall of Z's house, and putting his hand through
the aperture. This is house-breaking.
(b) A commits house-trespass by
creeping into a ship at a port-hole between decks. This is house-breaking.
(c) A commits house-trespass by
entering Z's house through a window. This is House-breaking.
(d) A commits house-trespass by
entering. Z's house through the door, having opened door which was fastened.
This is house-breaking.
(e) A commits house-trespass by
entering Z's house through the door, having lifted a latch by putting
a wire through a hole in the door. This is house-breaking.
(f) A finds the key of Z's house
door, which Z had lost, and commits house-trespass by entering Z's house,
having opened the door with that key. This is house-breaking.
(g) Z is standing. in his doorway.
A forces a passage by knocking Z down, and commits house-trespass by entering
the house. This is house-breaking.
(h) Z,
the door-keeper of Y, is standing in Y's doorway. A commits house-trespass
by entering the house, having deterred Z from opposing him by threatening
to beat him. This is house-breaking.
446. House-breaking by night
Whoever
commits house-breaking. after sunset and before sunrise, is said to commit
"house- breaking by night".
447. Punishment for criminal trespass
Whoever
commits criminal trespass shall be punished with imprisonment of either
description for a term which may extend to three months, with fine or
which may extend to five hundred rupees, or with both.
448. Punishment for house-trespass
Whoever
commits house-trespass shall be punished with imprisonment of either description
for a term which may extend to one year, or with fine or which may extend
to one thousand rupees, or with both.
449. House-trespass in order to commit offence punishable with
death
Whoever
commits house-trespass in order to the committing of any offence punishable
with death, shall be punishable with 152[imprisonment for life], or with
rigorous imprisonment for a term not exceeding ten years, and shall also
be liable to fine.
450. House-trespass in order to commit offence punishable with
imprisonment for life
Whoever
commits house-trespass in order to the committing of any offence punishable
with 152[imprisonment for life], shall be punished with imprisonment of
either description for a term not exceeding. ten years, and shall also
be liable to fine.
451. House-trespass in order to commit offence punishable with
imprisonment
Whoever
commits house-trespass in order to the committing of any offence punishable
with imprisonment, shall be punished with imprisonment of either description
for a term which may extend to two years, and shall also be liable to
fine; and if the offence intended to be committed is theft, the term of
the imprisonment may be extended to seven years.
452. House-trespass after preparation for hurt, assault or wrongful
restraint
Whoever
commits house-trespass, having made preparation for causing hurt to any
person or for assaulting any person, or for wrongfully restraining any
person, or for putting any person in fear of hurt, or of assault, or of
wrongful restraint, shall be punished with imprisonment of either description
for a term which may extend to seven years, and shall also be liable to
fine.
453. Punishment for lurking house-trespass or house-breaking
Whoever
commits lurking house-trespass or housebreaking, shall be punished with
imprisonment of either description for a term which may extend to two
years, and shall also be liable to fine.
454. Lurking house-trespass or house-breaking in order to commit
offence punishable with imprisonment
Whoever
commits lurking house-trespass or housebreaking, in order to the committing
of any offence punishable with imprisonment, shall be punished with imprisonment
of either description for a term which may extend to three years, and
shall also be liable to fine; and if the offence intended to be committed
is theft, the term of the imprisonment may be extended to ten years.
STATE
AMENDMENT
In
State of Tamil Nadu
Section
454 shall be renumbered as sub-section (1) of that section and after sub-section
(1) so renumbered, the following sub-section shall be inserted: -
"(2) Whoever commits lurking
house-trespass or house breaking in any building used as a place of worship,
in order to the committing of the offence of theft of any idol or icon
from such building, shall notwithstanding anything contained in sub-section
(1), be punished with rigorous imprisonment which shall not be less than
three years but which may extend to ten years and with fine which shall
not be less than five thousand rupees:
Provided
that the court may, for adequate and special reasons to be mentioned in
the ,judgement, impose a sentence of imprisonment for a term of less than
three years".
455. Lurking house-trespass or house-breaking after preparation
for hurt, assault or wrongful restraint
Whoever
commits lurking house-trespass, or house-breaking, having made preparation
for causing hurt to any person, or for assaulting any person, or for wrongfully
restraining any person, or for putting any person in fear of hurt, or
of assault, or of wrongful restraint, shall be punished with imprisonment
of either description for a term which may extend to tell years, and shall
also be liable to fine.
456. Punishment for lurking house-trespass or house-breaking
by night
Whoever
commits lurking house-trespass by night, or house-breaking by night, shall
be punished with imprisonment of either description for a term which may
extend to three years, and shall also be liable to fine.
457. Lurking house-trespass or house-breaking by night in order
to commit offence punishable with imprisonment
Whoever
commits lurking house-trespass by night, or house-breaking by night, in
order to the committing of any offence punishable with imprisonment, shall
be punished with imprisonment of either description for a term which may
extend to five years, and shall also be liable to fine; and, if the offence
intended to be committed is theft, the term of the imprisonment may he
extended to fourteen years.
STATE
AMENDMENT
In
State of Tamil Nadu
Section
457 shall be renumbered as sub-section (1) of that section and after sub-section
(1) so renumbered, the following sub-section shall be inserted: -
"(2) Whoever commits lurking
house-trespass by night or house-breaking by night in any building used
as a place of worship, in order to the committing of the offence of theft
of any idol or icon from such building, shall, notwithstanding anything
contained in sub-section (1), be punished with rigorous imprisonment which
shall not be less than three years but which may extend to fourteen years
and with fine which shall not be less than five thousand rupees:
Provided
that the court may, for adequate and special reasons to be mentioned in
the judgement, impose a sentence of imprisonment for a term of less than
three years".
458. Lurking house-trespass or house-breaking by night after
preparation for hurt, assault, or wrongful restraint
Whoever
commits lurking house-trespass by night, or house-breaking by night, having
made preparation for causing hurt to any person or for assaulting any
person, or for wrongfully restraining any person, or for putting any person
in fear of hurt, or of assault, or of wrongful restraint, shall be punished
with imprisonment of either description for a term which may extend to
fourteen years, and shall also be liable to fine.
459. Grievous hurt caused whilst committing lurking house trespass
or housebreaking
Whoever,
whilst committing lurking house-trespass or house-breaking, causes grievous
hurt to any person or attempts to cause death or grievous hurt to any
person, shall be punished with 152[imprisonment for life], or imprisonment
of either description for a term which may extend to ten years, and shall
also be liable to fine.
460. All persons jointly concerned in lurking house-trespass
or house-breaking by night punishable where death or grievous hurt caused
by one of them
If, at
the time of the committing of lurking house-trespass by night or house-breaking
by night, any person guilty of such offence shall voluntarily cause or
attempt to cause death or grievous hurt to any person, every person jointly
concerned in committing such lurking house-trespass by night or house-breaking
by night, shall be punished with 152[imprisonment for life], or with imprisonment
of either description for a term which may extend to ten years, and shall
also be liable to fine.
461. Dishonestly breaking open receptacle containing property
Whoever
dishonestly or with intent to commit mischief, breaks open or unfastens
any closed receptacle which contains or which he believes to contain property,
shall be punished with imprisonment of either description for a term which
may extend to two years, or with fine, or with both.
462. Punishment for same offence when committed by person entrusted
with custody
Whoever,
being entrusted with any closed receptacle which contains or which he
believes to contain property, without having authority to open the same,
dishonestly, or with intent to commit mischief, breaks open or unfastens
that receptacle, shall be punished with imprisonment of either description
for a term which may extend to three years, or with fine, or with both. |
