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4. Ipc > Offences Against Property > Flashcards

Offences Against Property Flashcards

1
Q

Ingredients of theft ? Number of elements

A

Sec 378

  1. Moves a property
  2. Dishonest intention to take property
  3. Moveable
  4. Should be taken out of the posession of the owner
  5. Without the consent of the owner
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2
Q

Extortion

A

Sec 383- extortion
1. Intentionally puts any person in fear of injury
2 dishonestly causes him to deliver any property to any person

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3
Q

Difference between theft and extortion

A
  1. Consent - no question vs fear
  2. Moveable vs mov/immov
  3. No question of fear vs necessary element
  4. Dishonest removal of property vs the person under fear delivers
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4
Q

When does theft becomes robbery

A
  1. Sec 390 - in all robbery there are elements of either theft or extortion

Theft

  1. 5 elements of theft
  2. Additionally if there is use of force in the form of D/WR/H or threat of DWRH
  3. Note that force must be used for obec of the following 4 ends- commiting theft, while commiting, carrying away, in attempting to carry away

Illn - theif being pursued by owner abandons

  1. The hurt caused by offender must be voluntary not accident
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5
Q

When does extorsion becomes robbery

A
  1. Sec 383 - 2 elements

Additionally

  1. When offender in the presence
  2. Fear of instant death, injury, wr
  3. Deliver then and there
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6
Q

Dacoity

A
  1. Sec 391 - 5 or more, conjointly, commits robbery or attempts to do so .

Anyone who are present and aiding while the crime happens are also counted as memebers

  1. Sec 396 - any one of the 5 , commits murder while dacoity, everyone shall be punished with death or life

3.sec 399- preparation to commit dacoity also punished

Chandrika vs state - 7 assembled. Presence of 3 doubtful. No conviction under 399

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7
Q

Different theft, robbery, dacoity

A
  1. R- aggravated theft
    D- aggravated robbery
  2. Moveable property in theft. Moveable or immovable in robbery or dacoity
  3. No question of force in theft
  4. One person - theft or robbery. Min 5 dacoity
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8
Q

Criminal misappropriation of property intro

A

Sec 403

  1. Dishonestly
  2. MisAppropriates or converts to his own use , property which belongs to another
  3. Such property must be moveable

Initial possesion was innocent. But retention becomes wrongful by subsequent change of intention or from knowledge of some new fact whch was previously not known.

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9
Q

Case for criminal misappropriation

A

Emp vs raza husain

A & B benares train. Ajudhia, benares cantonment.

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10
Q

Explanations of criminal misappropriation

A

403
Exp 1: temporary misappropriation -

A pledges z blank promissiory note

Exp 2: Finder of good not guilty unless he appropriates to his own use– when he knows, has means to discover, didn’t keep the property for a reasonable time to enable the owner to claim it

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11
Q

Theft vs CMP

A
  1. Theft- intention to take out of posession
    CMP- already in posession either lawfully or if not strictly lawful aquired it under a mistaken notion of a right in himself

2 theft - moving itself is an offence
Cmp- moving itself may not be. It’s the subsequent misappropriation

3 no consent. Intital consent subsequent conversion

4 dishonest intention preceeds theft. It’s subsequent and manifested as misappropriation

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12
Q

Intro of criminal breach of trust with its 3 elements

A

Sec 405

  1. The accused entrusted
  2. Dishonestly- misappropriates, converts to his own use, used it, disposes it off
  3. In violation of law in place, any legal contract
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13
Q

Case under Cbt

A

Vishwanaths case - if a person commits CBT and then returns the amount missapropriated won’t absolve him

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14
Q

Three headings for difference between theft and CBT

A
  1. Offence - Taking out vs entrustment
  2. Consent
  3. Fiduciary relationship
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15
Q

Intro for plea bargaining

A

Pre trial negotiations between accused and prosecution during which the accused agrees to plead guilty in return of.
Criminal amendment Act 2005
Malimath commt
Talbhigi jamat

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16
Q

Features of plea bargaining

A 
1. Less than 7 years
2  not when life sentence or death
3. Victim woman or child
4. Not available to juvenile habitual offenders and offenders in socioeconomic offences
6. Only sentence bargaining. No charge bargaining or factual bargaining
17
Q

Positives of plea bargaining and guidelines

A
  1. J. Nani palkiwala
  2. Hussainara khatton
  3. 2007 tihar 2000.
  4. reformative

Guidelines, recently laid down in Kerala HC judgement in 2021
1. monosyllabic yes in reply to a pointed question cannot be equated with pleading guilty
2. Magistrate should frame the charges specifying the offences alleged
3. Should be read over and explained to the accused
4. Plea of the accused should be voluntary and expressed in unambiguous manner
5. Magistrate should record the plea in the words of the accused to the max extent possible

18
Q

Against plea bargaining

A
  1. Retributive and detterence
  2. Kasambhai vs state of gujrat - encourage corruption, collusion
  3. Mechanical
  4. If application rejected, then difficult to prove innocent
  5. Innocent
19
Q

Criminal defamation

A

Sec 499

Essentials
1. Making or publishing imputations concerning
2 by word, sign, visble representation
3 . Intention or knowledge that such imputations will harm the reputation of the concerned person

Exp 4 of sec 499
What imputations harms reputation
Lowers in estimation of other
2. Moral and intellectual character
3. The character of that person in respect of caste and calling
4. Credit of the person
5. Body of that person in some loathsome state

20
Q

10 exceptions in DEFAMATION

A
  1. True and made for pubic good
  2. True report of the proceedings of court
  3. Good faith about personal conduct of a public servant
  4. GF.. Conduct of any person touching any public question
  5. Merits of public performance
  6. Censure passed by lawful authority
  7. Complaints preferred to lawful authority
  8. Merits of case and witness
  9. Imputations made in good fauth by person for protection of his interests or others
  10. Caution intended for good of person conveyed or for public good
21
Q

Criminal tresspass

A

Sec 441

  1. Unauthorized entry into anothers posession
  2. Entering lawfully but remaining there unlawfully
  3. Intention- intimidate, insult, annoy OR to commit an offence
22
Q

House tresspass

A

Sec 442

  1. Criminal tresspass
  2. Such tresspass- building, tent, vessel
  3. Such BTV- dwelling place, place of worship, place of storing property
23
Q

Lurking house tresspas

A

Sec 443

  1. Tresspass
  2. House tresspass
  3. Surreptitiously, so as to conceal from the one who has right to exclude the trespasser
24
Q

House breaking

A

Sec 445

  1. House tresspass
  2. Entrance in one of the six ways
  3. Passage made by himself or abettor
  4. Not intented for exit or entry
    3 passage opened for commiting HT
    4 SCALING
    5 opening locks
  5. Criminal force or assault
25
Q

Landlord cuts 🔌 connection to his tenant in order to pressurize him to pay. What is the offence

A

Sec 425 mischief

  1. Intention or knowledge of likelihood to cause wrongful loss or damage to any person
  2. Destruction of property or change in situation
  3. Such change -Property must be destroyed, value diminished, utility is marred.

Exp 2 - destroys own property to cause wrongful loss to another

Brojo lakshmi Paul vs sailderanath

Ship casteaway so that loss to underwriters

Joint property - shoots horse

Punishment 426

26
Q

Essential elements of cheating

A
  1. Deceive- fraudulently- intentionally
    2 induced to - deliver or let other retain, do or omit to do
  2. Injury to BMRP
27
Q

Theft vs extortion vs robbery points of comparison

A
  1. Consent
  2. Moveable or immovable property
  3. Force or fear
  4. Delivery of property
  5. Number of culprits - 1 or more in all the cases
28
Q

Removal of body from dead body - robbery or theft

A

Balla Munshi vs state

Dead body is not a body , so cannot be taken OUT OF HIS POSESSION

Guilty of dishonest misappropriation

29
Q

Dacoity punished at different stage

A
  1. 399- preparation to commit dacoity
  2. 400- belonging to a gang for habitually committing dacoity
  3. 402- assembling for the purpose of committing dacoity
  4. 391, 395 - punishment by RI extend up to 10 years
  5. 396- dacoity with murder
  6. 397 - dacoity with attempt to cause death or grievious hurt
  7. 398- attempt to commit dacoity when armed with deadly weapons
30
Q

Murder while dacoity. Ran away and then murder,396 or 302 ?…

A

Shyam Behari vs state -transaction of dacoity ended the moment dacoit fleed, bcoz in this case dacoits fleed leaving behind . So 302 and not 396

Laliya vs state — considerations
1. Whether the dacoits fleed abandoning their booty
2. Time interval between attempt of dacoity and commission of murder
3. Distance of these two places
4. Lapse of interval between abandonment of booty and murder

31
Q

Criminal breach of trust vs criminal misappropriation

A
  1. Mode of acquiring property- posession of property casually or otherwise vs lawfully entrusted
  2. Fiduciary or contractual relation between the parties
  3. Misappropriation- moveable vs moveable / immoveable
  4. Breach of trust includes and element of misappropriation, not vice versa
32
Q

Mischief

A

425

  1. Intention or Knowledge of likelihood - of causing wrongful loss to public or any person
  2. Destroys an object, changes it, change in its situation
  3. Such changes - destroys its value,utility, affect it injuriously

Explain 2 - can do mischief by destroying one’s own property- with the intention of causing wrongful loss or damage to anybody else is also guilty of mischief

4. Ipc (6 decks)

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