IPC Study Notes :Theft, Extortion,Robbery,Dacoity & Cheating
Dear Readers,
Here we are providing you updated and most relevant Study notes on IPC of Theft, Extortion,Robbery,Dacoity & Cheating for Law Entrance Exam. These study notes are highly recommendable for all those who aspire to crack CLAT, DULLB, AILET and other Law Entrance Exam.
THEFT
Whoever, intending to take dishonestly any movable property out of the possession of any person without that persons 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 subject of theft, but it becomes capable of being the subject of theft as some as it is severed from the earth. For eg: A tree cut down/severed from the earth, now it is movable property.
Explanation -2: A moving affected 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 many other things, as well as by actually moving it.
Explanation -4: A person, who by any means causes an animal to move everything in 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 that purpose authority either express or implied.
SECTION 378 (Theft):
(a) A cuts down a tree on Z’s ground, with the intention of dis-honestly taking the tree out of Z’s possession without Z’s con-sent. 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’sintention be dishonestly to take the dog out of Z’s possession without Z’s consent. A hascommit-ted 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, inorder 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’spossession, and if A dishonest-ly 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 ishighly 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 crimi-nal trespass and assault, has not committed theftin as much as what he did was not done dishonestly
(a) To that person(b) To any other, and thereby
(2) Dishonesty induces the person so put in fear.
(3) To deliver to any person.
(a) Any valuable security
(b) Anything signed or sealed which may be converted into valuable security commits extortion.
Example:
(1) A threatens to published a defamatory statement concerning Z unless, Z gives money.
He induces Z to give money A has committed extortion.
(2) A by putting Z in fear of grievous hurt dishonesty induces Z to sign or affix his seal to a
blank paper and delivers it to “A”. “Z” signs and delivers the paper to “A” the paper may
be converted into valuable security. A committed extortion.
(b) A threatens Z that he will keep Z’s child in wrongful con-finement, 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.
1. In order to commit theft.
2. In carrying away or attempting to carry away Property obtained by theft.
3. The offender for that end voluntarily causes or attempts to Cause to any person.
(a) Death, hurt or wrongful restraint or
(b) Fear of instant death, instant hurt or instant wrongful restraint.
Eg. : A holds Z down and fraudulently takes Z money. A committed theft and to commit
theft he has voluntarily caused wrongful Restraint to Z. A has committed robbery.
When extortion is Robbery
(1) If in the presence of the person put in fear
(2) By putting that person in instant fear of death or of instant hurt or of instant wrongful
restraint to the person.
(3) By so putting in fear induces the person so put in fear to deliver the property
Explanation: The offender is said to be present if he is sufficiently near to put the other
person in fear of instant death or instant hurt or instant wrongful restraint
Eg: A meets Z on the high road shows Pistol and asked for purse Z surrender this is extortion-
(i) A obtained property from Z by saying “your child is in the hands of my gang” and also
extracts money as ransom. This is extortion and robery.
voluntarily caused wrongful restraint to Z. A has therefore committed rob-bery.
(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 extort-ed 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.
liable for commiting dacoity.
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.
(1) Misappropriation
(2) Converts to his own use
(3) Movable property
Note:
Finder must try to find the owner he cannot readily use the property so found if he do so he has committed 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- 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 dishonored, 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 tohim 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.
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.
Extortion:
(1) Intentionally put any person in fear of any injury.(a) To that person(b) To any other, and thereby
(2) Dishonesty induces the person so put in fear.
(3) To deliver to any person.
(a) Any valuable security
(b) Anything signed or sealed which may be converted into valuable security commits extortion.
Example:
(1) A threatens to published a defamatory statement concerning Z unless, Z gives money.
He induces Z to give money A has committed extortion.
(2) A by putting Z in fear of grievous hurt dishonesty induces Z to sign or affix his seal to a
blank paper and delivers it to “A”. “Z” signs and delivers the paper to “A” the paper may
be converted into valuable security. A committed extortion.
SECTION 383 (Extortion):
(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 con-finement, 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.
Robbery and Dacoity:
Robbery – In all robbery there is either theft or extortion. When theft is robbery; theft is robbery1. In order to commit theft.
2. In carrying away or attempting to carry away Property obtained by theft.
3. The offender for that end voluntarily causes or attempts to Cause to any person.
(a) Death, hurt or wrongful restraint or
(b) Fear of instant death, instant hurt or instant wrongful restraint.
Eg. : A holds Z down and fraudulently takes Z money. A committed theft and to commit
theft he has voluntarily caused wrongful Restraint to Z. A has committed robbery.
When extortion is Robbery
(1) If in the presence of the person put in fear
(2) By putting that person in instant fear of death or of instant hurt or of instant wrongful
restraint to the person.
(3) By so putting in fear induces the person so put in fear to deliver the property
Explanation: The offender is said to be present if he is sufficiently near to put the other
person in fear of instant death or instant hurt or instant wrongful restraint
Eg: A meets Z on the high road shows Pistol and asked for purse Z surrender this is extortion-
(i) A obtained property from Z by saying “your child is in the hands of my gang” and also
extracts money as ransom. This is extortion and robery.
SECTION 390 (Robbery):-
(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, hasvoluntarily caused wrongful restraint to Z. A has therefore committed rob-bery.
(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 extort-ed 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.
DACOITY:-
When 5 or more than 5 persons conjointly commit or attempt to commit a robbery. Persons present and aiding such commission or attempting to commit the offence are alsoliable for commiting dacoity.
CRIMINAL MISAPPROPRIATION OF PROPERTY:
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.
(1) Misappropriation
(2) Converts to his own use
(3) Movable property
Note:
Finder must try to find the owner he cannot readily use the property so found if he do so he has committed offence under this section.
SECTION 403 (Dishonest Misappropriation)
(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.
SECTION 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 dishonored, 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 tohim 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.
SECTION 416:
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 anyother 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.
PRACTICE EXERCISE:
1. Which one of the following is not a correct ingredient of the offence of theft?(A) Dishonest intention of take property.
(B) Property must be movable.
(C) Property must be taken without the consent of the person in whose possession it is.
(D) Property must be taken without consent of the owner of the property.
Ans.D
2. A puts his hand in the pocket of ‘B’ for stealing money, but the pocket was empty. ‘A’ is
guilty of—
(A) Theft (B) Attempt to commit theft
(C) Mischief (D) No offence
Ans.B
3. Raju sees a cell phone belonging to Ram lying on the table in Ram’s house. Raju hides the cell phone in Ram’s house in such a place where Ram could not find it ever, due to the fear of immediate search and detection. Raju did this with the intention of taking away the cell phone from the hidden place when Ram forgets about and then sell it away. Is Raju guilty of theft?
A. Yes B. No
Ans.A
4. The number of people required to commit dacoity?
A. One B. Two or more
C. Three D. Five or more
Ans.D
5. A threatens to published a defamatory statement concerning Z unless, Z gives money. He
induces Z to give money. Has A committed extortion?
A. Yes B. No
Ans.A
6. A by putting Z in fear of grievous hurt dishonesty induces Z to sign or affix his seal to a
blank paper and delivers it to “A”. “Z” signs and delivers the paper to “A” the paper may be
converted into valuable security. Has A committed extortion?
A. Yes B. No
Ans.A
7. ‘A’ removes B’s book from his house without his consent with the intention to return it to
him if he as a friend rewards him for the return. ‘A’ is liable for—
(A) Theft (B) Attempt to theft
(C) Criminal breach of trust (D) Attempt to criminal breach of trust
Ans.A
8. In exercise of the right of private defence of property death cannot be caused in the case of—
(A) Robbery
(B) House breaking by night
(C) Mischief by fire in a dwelling house
(D) Theft
Ans.D
9. A police constable compels a person to remain in police station on false case of theft and
allowing him to go after receiving money from him. He is liable for—
(A) Forgery (B) Cheating
(C) Extortion (D) Wrongful confinement
Ans.B
10. ‘A’ finds a purse with money, not knowing to whom it belongs; he afterwards discovers that it belongs to ‘B’ and appropriates to his own use. ‘A’ is guilty of—
(A) Theft (B) Criminal misappropriation
(C) Criminal breach of trust (D) Cheating
AnsB
.
