Chapter 17 - Offences Against Property Flashcards
Section 378
Theft
Whoever, intending to take dishonestly any movable 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
Section 379
Punishment for theft
Imprisonment for a term which may extend to 3 years, or with fine, or with both
Section 379A
Punishment for theft of a motor vehicle
Imprisonment for a term which may extend to 7 years, and shall also be liable to fine
May be disqualified from holding or obtaining a driving licence
Section 380
Theft in dwelling-house, etc.
Any building, tent or vessel used as human dwelling, or for the custody of property
Imprisonment for a term which may extend to 7 years, and shall also be liable to fine
Section 381
Theft by clerk or servant of property in possession of master
Imprisonment for a term which may extend to 7 years, and shall also be liable to fine
Section 383
Extortion
Whoever intentionally puts any person in fear of any harm to that person or to any other person, in body, mind, reputation or property, whether such harm is to be caused legally or illegally, 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”
Section 384
Punishment for extortion
Imprisonment for a term of not less than 2 years and not more than 7 years and with caning
Section 385
Putting person in fear of harm in order to commit extortion
Imprisonment for a term of not less than 2 years and not more than 5 years and with caning
Section 386
Extortion by putting a person in fear of death or grievous hurt
Imprisonment for a term of not less than 2 years and not more than 10 years and with caning
Section 387
Putting person in fear of death or of grievous hurt in order to commit extortion
Imprisonment for a term of not less than 2 years and not more than 7 years and with caning
Section 388
Extortion by threat of accusation of an offence punishable with death, or imprisonment, etc.
Imprisonment for a term which may extend to 10 years, and shall also be liable to fine or to caning
Section 389
Putting person in fear of accusation of offence, in order to commit extortion
Imprisonment for a term which may extend to 10 years, and shall also be liable to fine or to caning
Section 390
Robbery
(1) In all robbery there is either theft or extortion
(2) Theft is “robbery” if, in order to commit 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
(3) 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
Section 391
Gang-robbery
Involves 5 or more persons
Section 394
Voluntarily causing hurt in committing robbery
Imprisonment for a term of not less than 5 years and not more than 20 years and shall also be punished with caning with not less than 12 strokes
Section 396
Gang-robbery with murder
Every one of those persons shall be punished with death or imprisonment for life, and if he is not sentenced to death, shall also be punished with caning with not less than 12 strokes
Section 397
Robbery when armed or with attempt to cause death or grievous hurt
Such offender, and any other person jointly concerned in committing or attempting to commit such robbery, shall be punished with caning with not less than 12 strokes, in addition to any other punishment to which he may be liable under any other section of this Code
Section 403
Dishonest misappropriation of property
Dishonestly misappropriates or converts to his own use movable property
Imprisonment for a term which may extend to 2 years, or with fine, or with both
Section 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 to do so, commits “criminal breach of trust”
Section 407
Criminal breach of trust by carrier, etc.
Imprisonment for a term which may extend to 15 years, and shall also be liable to fine
Section 408
Criminal breach of trust by clerk or servant
Imprisonment for a term which may extend to 15 years, and shall also be liable to fine
Section 409
Criminal breach of trust by public servant, or by banker, merchant, or agent
Imprisonment for life, or with imprisonment for a term which may extend to 20 years, and shall also be liable to fine
Section 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 criminal breach of trust or cheating has been committed
Section 411
Dishonestly receiving stolen property
Imprisonment for a term which may extend to 5 years, or with fine, or with both; and
May be disqualified from holding or obtaining a driving licence (If involving motor vehicle or any of its component part)
Section 412
Dishonestly receiving property stolen in the commission of a gang-robbery
Imprisonment for life, or with imprisonment for a term which may extend to 10 years, and shall also be liable to fine
Section 413
Habitually dealing in stolen property
Imprisonment for a term which may extend to 20 years, and shall also be liable to fine
Section 414
Assisting in concealment or disposal of stolen property
Imprisonment for a term which may extend to 5 years, or with fine, or with both; and
May be disqualified from holding or obtaining a driving licence (If involving motor vehicle or any of its component part)
Section 415
Cheating
Whoever, by deceiving any person, whether or not such deception was the sole or main inducement, 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 to do if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to any person in body, mind, reputation or property, is said to “cheat”
Section 416
Cheating by personation
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
Section 421
Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors
Imprisonment for a term which may extend to 3 years, or with fine, or with both
Section 422
Dishonestly or fraudulently preventing a debt or demand due to the offender from being made available for his creditors
Imprisonment for a term which may extend to 3 years, or with fine, or with both
Section 423
Dishonest or fraudulent execution of deed of transfer containing a false statement of consideration
Imprisonment for a term which may extend to 3 years, or with fine, or with both
Section 424
Dishonest or fraudulent removal or concealment of property or release of claim
Imprisonment for a term which may extend to 3 years, or with fine, or with both
Section 425
Mischief
Whoever, with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or 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”
Section 426
Punishment for committing mischief
Imprisonment for a term which may extend to one year, or with fine, or with both
Note: Non-arrestable
Section 435
Mischief by fire or explosive substance with intent to cause damage
Punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine
Section 436
Mischief by fire or explosive substance with intent to destroy a house, etc.
Imprisonment for life, or with imprisonment for a term which may extend to 10 years, and shall also be liable to fine
Section 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”
Section 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”
Section 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 housetrespass”
Section 444
Lurking house-trespass by night
Whoever commits lurking house-trespass after 7 p.m. and before 7 a.m., is said to commit “lurking house-trespass by night”
Section 445
House-breaking
He effects his entrance into the house or any part of it in any of the 6 ways hereinafter 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 6 ways:
(a) through a passage made
(b) through a passage not intended for human entrance or by climbing over wall or building
(c) through a passage that was opened, but which was not intended by the occupier to be opened
(d) by opening any lock
(e) by using criminal force, assault or threat
(f) by unfastening any passage which was fastened against entrance or departure
Section 446
House-breaking by night
Whoever commits house-breaking after 7 p.m. and before 7 a.m., is said to commit “house-breaking by night”
