Theft

Definition of Theft (Section 301 BNS)

Offences against property are crimes that involve interference with another person's rights over their property, typically resulting in wrongful gain to the offender or wrongful loss/damage to the owner. Theft, extortion, robbery, dacoity, criminal misappropriation, criminal breach of trust, cheating, mischief, and criminal trespass are common offences against property.

Theft:

Theft is one of the most basic property offences, involving the dishonest taking of movable property.

Provision:

Section 301 of the Bharatiya Nyaya Sanhita (BNS) defines Theft (similar to Section 378 of the IPC): "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."

Ingredients of Theft

The essential elements or ingredients of theft under Section 301 BNS are:

Intention to take dishonestly: The accused must have the intention to take the property dishonestly. 'Dishonestly' is defined in Section 2(12) of BNS (similar to Section 24 of IPC) as doing anything with the intention of causing wrongful gain to one person or wrongful loss to another person. 'Wrongful gain' means gain by unlawful means of property to which the person gaining is not legally entitled. 'Wrongful loss' means loss by unlawful means of property to which the person losing is legally entitled.
Movable Property: The property involved must be movable property. Movable property is defined broadly to include corporeal property of every description, except land and things attached to the earth or permanently fastened to anything attached to the earth (Section 2(21) BNS, similar to Section 22 IPC). Things attached to the earth (like trees or buildings) become movable property when they are severed from the earth. For example, a tree becomes movable property when cut down.
Out of the possession of any person: The property must be taken out of the possession of someone. Possession here refers to factual possession, not necessarily legal ownership. Property in the possession of the owner, a servant, a bailee, or even a thief is considered property in the possession of a person.
Without that person's consent: The taking must be without the consent of the person in possession. Consent here means free and voluntary consent. Consent can be expressed or implied.
Moves that property: The accused must move the property. Moving the property, even slightly, with the dishonest intention, completes the offence of theft. It is not necessary for the property to be carried away from the original location.

All these five ingredients must be present to constitute theft.

Punishment for Theft

The Bharatiya Nyaya Sanhita prescribes punishment for the offence of theft.

Provision:

Section 302 of the BNS (similar to Section 379 of the IPC) prescribes the punishment for theft.

It states: "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."

This is the basic punishment for theft. The BNS, like the IPC, also provides for enhanced punishments for specific aggravated forms of theft or theft committed under certain circumstances, such as:

Theft in dwelling house, etc. (Section 302(2) BNS, similar to Section 380 IPC).
Theft by clerk or servant of property in possession of master (Section 302(3) BNS, similar to Section 381 IPC).

The quantum of punishment reflects the seriousness of the offence as assessed by the legislature.

Distinction between Theft and Extortion

Theft and Extortion are both offences against property involving dishonest gain, but they differ fundamentally in the method used to acquire the property.

Key Distinction:

Feature	Theft (Section 301 BNS)	Extortion (Section 307 BNS)
Method of Taking	Taking property out of the possession of another without their consent. It is taking against the will.	Obtaining property by inducing delivery through fear of injury. It is obtaining with the consent (though consent is obtained by fear).
Role of Victim	Property is taken away without the active participation of the victim in giving it. The victim is deprived of possession by the accused's action.	Victim is induced to deliver the property (or a valuable security, etc.) to the accused due to the fear created by the accused. The victim parts with possession voluntarily (though under coercion).
Nature of Property	Must be movable property.	Can be movable or immovable property or anything valuable (valuable security, signed document which may be converted into valuable security).
Element of Fear	Generally no element of fear is essential in the definition of theft.	Essential element. The property is obtained by putting the victim in fear of injury.

The fundamental difference lies in the victim's role and the presence of fear. In theft, the offender takes the property from the victim's possession. In extortion, the offender compels the victim to give the property to the offender by instilling fear. This distinction is crucial for classifying the offence correctly under the BNS.

Extortion and Robbery**

Extortion (Section 307 BNS)

Extortion is a property offence involving obtaining property through coercion by instilling fear.

Provision:

Section 307 of the BNS defines Extortion (similar to Section 383 of the IPC): "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"."

Ingredients of Extortion

The essential elements or ingredients of extortion are:

Intentionally putting a person in fear of injury: The accused must intentionally put someone (the victim or another person) in fear of some kind of harm or injury. Injury is defined broadly in Section 2(17) BNS (similar to Section 44 IPC) to include any harm illegally caused to the body, mind, reputation, or property.
Thereby dishonestly inducing the person to deliver property, etc.: By instilling this fear, the accused must dishonestly induce the victim to deliver to any person (the accused himself or someone else) property, valuable security, or something that can become a valuable security (like a signed blank paper).
Dishonest intention: The intention to cause wrongful gain or wrongful loss.
Delivery induced by fear: The victim must part with possession voluntarily, but this voluntary act is vitiated by the fear created by the accused.

Example: Threatening someone with physical harm unless they hand over money, threatening to damage property unless a signed document is given, threatening to defame someone unless they transfer ownership of a house. These acts, if successful in inducing delivery due to fear, constitute extortion.

The BNS prescribes punishment for extortion under Section 308 (similar to Section 384 IPC), with enhanced penalties for specific forms of extortion (e.g., putting a person in fear of death or grievous hurt to commit extortion, extortion by putting a person in fear of accusation of an offence).

Robbery (Section 311 BNS)

Robbery is an aggravated form of either theft or extortion, where the dishonest taking or obtaining of property is accompanied by the use or threat of force or violence.

Definition and Relation to Theft and Extortion

Section 311 of the BNS defines Robbery (similar to Section 390 of the IPC). It states:

"In all robbery there is either theft or extortion." This means robbery is essentially an aggravated version of either theft or extortion.

The section then explains when theft amounts to robbery and when extortion amounts to robbery:

When Theft is Robbery:

Theft is robbery if, in order to committing of the theft, or in committing the theft, or in carrying away or attempting to carry away property obtained by 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. The force/fear must be used or attempted simultaneously with the theft or during escape.

Example: Snatching a chain from someone's neck while simultaneously pushing them (causing hurt or fear of hurt). Stealing property from a house and using violence against an occupant to escape.

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, instant hurt, or instant wrongful restraint to that person or some other person, and thereby induces the person put in fear then and there to deliver up the thing extorted.

Example: A person points a knife at someone and demands their wallet, threatening instant harm if they don't comply, and the victim immediately hands over the wallet due to this fear. This is extortion amounting to robbery.

The key element in robbery is the immediacy and proximity of force or fear accompanying either theft or extortion. Force or fear must be used to facilitate the taking (in theft) or induce immediate delivery (in extortion).

Punishment for robbery is prescribed in Section 312 BNS (similar to 392 IPC), which is more severe than for simple theft or extortion.

Dacoity (Section 313 BNS)

Dacoity is an aggravated form of robbery, involving the participation of a larger group of offenders.

Provision:

Section 313 of the BNS defines Dacoity (similar to Section 391 of the IPC): "When five or more persons conjointly commit or attempt to commit a robbery, every person so committing or attempting to commit robbery, is said to commit "dacoity"."

Ingredients:

Five or more persons: There must be five or more individuals involved in the act.
Conjointly commit or attempt to commit robbery: These five or more persons must together commit or attempt to commit a robbery.

If the number of persons involved is less than five, the offence might still be robbery, but not dacoity. The higher number of participants makes the offence more dangerous and is therefore treated as a distinct and more serious crime.

Punishment for dacoity is prescribed in Section 314 BNS (similar to 395 IPC), which is even more severe than for robbery, including rigorous imprisonment for a term which may extend to ten years, and also fine.

The BNS also deals with aggravated forms of dacoity, such as dacoity with murder (Section 315 BNS, similar to 396 IPC) and attempting to commit robbery or dacoity when armed with deadly weapons (Section 316 BNS, similar to 398 IPC).

Criminal Misappropriation and Criminal Breach of Trust

Criminal Misappropriation of Property (Section 303 BNS)

Criminal Misappropriation and Criminal Breach of Trust are property offences where the initial possession of the property is lawful, but it is subsequently dealt with dishonestly.

Criminal Misappropriation:

Criminal Misappropriation involves dishonestly taking or converting movable property for one's own use, where the property was not initially in the offender's possession but was found or came into their possession in a way that imposed a duty to restore it.

Provision:

Section 303 of the BNS defines Criminal Misappropriation (similar to Section 403 of the IPC): "Whoever dishonestly misappropriates or converts to his own use any movable property, shall be punished..."

Ingredients:

Dishonest Misappropriation or Conversion: The accused must dishonestly appropriate or convert the movable property to their own use. Dishonestly means with the intention of causing wrongful gain or wrongful loss.
Movable Property: The subject matter must be movable property.
Initial Lawful Possession (Implied): The property must come into the possession of the offender in a manner that does not constitute theft (where the taking is from possession without consent). It often applies to property that is found or received without any prior relationship of entrustment.

Example: Finding a lost wallet containing money and dishonestly keeping the money for oneself, instead of returning it or making efforts to find the owner. The initial finding is lawful, but the subsequent dishonest act constitutes criminal misappropriation.

The BNS also has specific provisions for dishonest misappropriation of property possessed by a deceased person at the time of their death (Section 303(2), similar to Section 404 IPC).

Criminal Breach of Trust (Section 304 BNS)

Criminal Breach of Trust involves dishonestly misappropriating property that has been entrusted to a person.

Provision:

Section 304 of the BNS defines Criminal Breach of Trust (similar to Section 405 of the IPC): "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"."

Ingredients:

Entrustment: The accused must have been entrusted with property or with dominion (control) over property. Entrustment implies that the owner or another person having authority places confidence in the accused to hold or manage the property for a specific purpose or on their behalf.
Dishonest Misappropriation or Conversion OR Dishonest Use or Disposal in Violation of Direction/Contract: The accused must then dishonestly deal with the property in one of the specified ways: either dishonestly misappropriates it or converts it to their own use, OR dishonestly uses or disposes of it in violation of any legal direction or contract related to the trust.
Dishonest Intention: The act of misappropriation, conversion, use, or disposal must be done dishonestly (with the intention of causing wrongful gain or wrongful loss).

Example: A bank employee entrusted with handling customer deposits dishonestly takes the money for personal use. A person entrusted with managing property for someone else sells it and keeps the money. A lawyer entrusted with client funds uses the funds for personal expenses.

The key difference from criminal misappropriation is the element of entrustment. In criminal breach of trust, there is a prior relationship of trust or confidence where the property is handed over for a specific purpose. In criminal misappropriation, the possession is acquired casually (e.g., by finding).

The BNS prescribes punishment for criminal breach of trust under Section 304(2) (similar to Section 406 IPC), with enhanced penalties for more serious forms (e.g., by a carrier, warehouse-keeper, clerk, or servant, or by a public servant, banker, merchant, or agent).

Cheating and Fraudulent Deeds**

Cheating (Section 305 BNS)

Cheating is a property offence that involves deceiving a person to cause harm, typically by inducing them to part with property or do something that causes harm.

Provision:

Section 305 of the BNS defines Cheating (similar to Section 415 of the IPC): "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."

Ingredients:

Deception: The accused must deceive a person. Deception involves misleading or causing a person to believe something that is false. This includes false representation or concealment of facts.
Fraudulent or Dishonest Inducement OR Intentional Inducement Causing Harm: The deception must induce the deceived person in one of the following ways:
- Fraudulently or Dishonestly induce delivery of property or consent to retain property: This covers cases where property is obtained through deception with a dishonest or fraudulent intention.
- Intentionally induce an act or omission which causes or is likely to cause damage or harm: This covers cases where the deception leads the victim to do or not do something which causes or is likely to cause harm to their body, mind, reputation, or property, even if no property is involved.

'Fraudulently' is defined in Section 2(15) BNS (similar to Section 25 IPC) as doing something with intent to defraud, but not otherwise. 'Dishonestly' is defined as causing wrongful gain or wrongful loss.

Example: Selling fake goods as genuine (dishonestly inducing delivery of property), promising a job to someone to get money (fraudulently inducing delivery of property), falsely claiming to have connections to avoid a legal process, causing the process to be dropped, which causes harm to the other party (intentionally inducing omission causing harm).

The BNS prescribes punishment for cheating under Section 305(2) (similar to Section 417 IPC), with enhanced penalties for cheating with knowledge that wrongful loss may be caused to a person whose interest offender is bound to protect, or for cheating by personation.

Cheating by Personation (Section 306 BNS)

Section 306 of the BNS (similar to Section 416 of the IPC) defines Cheating by Personation.

It states: "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."

Example: Using someone else's identity to commit cheating, or pretending to be someone else to induce delivery of property or cause harm. Punishment is prescribed in Section 306(2) (similar to Section 419 IPC).

The BNS also deals with cheating and dishonestly inducing delivery of property (Section 305(3), similar to Section 420 IPC), which is a more serious form of cheating where the inducement leads to the delivery of valuable property.

Fraudulent Deeds and Property Marks

The BNS includes offences related to creating fraudulent documents or marks, often used in the context of property offences or cheating.

Fraudulent Deeds, etc. (Section 321 BNS onwards)

Section 321 of the BNS (similar to Section 421 IPC) deals with Dishonest or fraudulent removal or concealment of property to prevent distribution among creditors. Other sections deal with dishonest or fraudulent execution of deeds of transfer containing a false statement of consideration (Section 322 BNS), or dishonest or fraudulent removal of property (Section 323 BNS).

These offences penalize acts intended to defraud creditors or deceive persons regarding property rights through dishonest or fraudulent means.

Offences relating to property marks (Sections 377-382 BNS)

Sections 377 to 382 of the BNS deal with offences related to counterfeiting or using false property marks or trademarks with intent to deceive or cause injury.

Using a false property mark (Section 377 BNS): Using a mark upon movable property or goods that is not that of the owner or producer, with intent to deceive.
Counterfeiting a property mark or trademark (Section 378 BNS): Making a counterfeit of a property mark or trademark with intent to deceive.
Making a false mark upon any package or receptacle (Section 379 BNS): Placing a mark on goods or packages that falsely indicates quantity, quality, ownership, etc., with intent to deceive.

These offences protect consumers and owners by ensuring that goods are properly identified and marketed without deceptive marks.

Mischief and Criminal Trespass**

Mischief (Section 325 BNS)

Mischief is a property offence that involves causing wrongful loss or damage to property.

Provision:

Section 325 of the BNS defines Mischief (similar to Section 425 of the IPC): "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"."

Ingredients:

Intent or Knowledge: The accused must act with the intention of causing, or knowing that they are likely to cause, wrongful loss or damage. Wrongful loss/damage is the key element, not necessarily gain to the offender.
To the public or any person: The loss or damage can be caused to public property or the property of any individual.
Causes destruction or change in property: The act must cause the destruction of property or such a change in its nature or situation that its value or utility is destroyed, diminished, or injuriously affected.
Any property: The property can be movable or immovable.

Example: Breaking the windows of a building, damaging a car, cutting down trees on someone's land, setting fire to property. These acts, done with the intent to cause wrongful loss or damage, constitute mischief.

The BNS prescribes punishment for mischief under Section 326 (similar to Section 426 IPC), with enhanced penalties for aggravated forms of mischief depending on the value of the property destroyed or the type of property damaged (e.g., mischief causing damage to the amount of ₹50 or ₹10, causing destruction of a public road or bridge, killing or maiming an animal, mischief by fire or explosive substance).

Section 327 BNS (similar to 431 IPC) deals with mischief by injury to public road, bridge, river, or channel.

Criminal Trespass (Section 341 BNS)

Criminal Trespass is an offence that involves unlawfully entering into or remaining upon property in the possession of another.

Provision:

Section 341 of the BNS defines Criminal Trespass (similar to Section 441 of the IPC): "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"."

Ingredients:

Entry into or upon property: The accused must enter into or upon property.
In possession of another: The property must be in the possession of someone else.
With intent: The entry or unlawful remaining must be with one of the following intents:
- To commit an offence: To commit any crime (e.g., theft, assault) after entering.
- To intimidate, insult, or annoy: To cause fear, insult, or annoyance to the person in possession of the property.
Or Unlawful Remaining: Having entered lawfully, unlawfully remaining there with any of the above intents.

Example: Entering someone's house without permission with the intention of stealing (entry with intent to commit offence), entering someone's land to harass the owner (entry with intent to annoy), entering a shop lawfully but hiding inside after closing time with the intention of committing theft (unlawful remaining with intent to commit offence).

The BNS prescribes punishment for criminal trespass under Section 341(2) (similar to Section 447 IPC).

House-trespass and Lurking House-trespass

These are aggravated forms of criminal trespass related to entering buildings used as human dwelling, place of worship, or place for custody of property.

House-trespass (Section 342 BNS): Similar to Section 442 IPC. 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 of worship, or any building used for the custody of property. (Punishable under Section 342(2) BNS, similar to 448 IPC).
Lurking House-trespass (Section 343 BNS): Similar to Section 443 IPC. Committing house-trespass, having taken precautions to conceal the trespass from persons who have a right to exclude or eject the trespasser. (Punishable under Section 343(2) BNS, similar to 453 IPC).
Lurking house-trespass by night or House-breaking by night (Section 345 BNS): Similar to Sections 444 and 446 IPC. More aggravated forms committed during the night. (Punishable under Section 345(2) BNS, similar to 457 IPC, often linked to intent to commit theft or other offences).

These offences, along with others relating to property, provide a comprehensive framework for protecting property rights and deterring interference with lawful possession and ownership under the Bharatiya Nyaya Sanhita.