IPC 379: Section 379 of the Indian Penal Code

December 15, 2014

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.

IPC 378: Section 378 of the Indian Penal Code

December 15, 2014

Theft

Whoever, intending to take dishonestly any movable property out of the possession of any person without that person’ consent, moves that property in order to such taking, is said to commit theft.

Explanations

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.
2. A moving effected by the same act which effects the severance may be a theft.
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.
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.
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.

Illustrations

1. A cuts down a tree on Z’ ground, with the intention of dishonestly taking the tree out of Z’ possession without Z’ consent. Here, as soon as A has severed the tree in order to such taking, he has committed theft.
2. A puts a bait for dogs in his pocket, and thus induces Z’ dog to follow it. Here, if A’ intention be dishonestly to take the dog out of Z’ possession without Z’ consent, A has committed theft as soon as Z’ dog has begun to follow A.
3. 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.
4. A being Z’ servant, and entrusted by Z with the care of Z’ plate, dishonestly runs away with the plate, without Z’ consent. A has committed theft.
5. Z, going on a journey, entrusts his plate to A, the keeper of a warehouse, till Z shall return. A carries the plate to a goldsmith and sells it. Here the plate was not in Z’ possession. It could not therefore be taken out of Z’ possession, and A has not committed theft, though he may have committed criminal breach of trust.
6. A finds a ring belonging to Z on a table in the house which Z occupies. Here the ring is in Z’ possession, and if A dishonestly removes it, A commits theft.
7. A finds a ring lying on the high-road, not in the possession of any person. A, by taking it, commits no theft, though he may commit criminal misappropriation of property.
8. A sees a ring belonging to Z lying on a table in Z’ 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.
9. 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’ hand, and carries it away. Here A, though he may have committed criminal trespass and assault, has not committed theft, inasmuch as what he did was not done dishonestly.
10. 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’ possession, with the intention of depriving Z of the property as a security for his debt, he commits theft, inasmuch as he takes it dishonestly.
11. Again, if A, having pawned his watch to Z, takes it out of Z’ possession without Z’ consent, not having paid what he borrowed on the watch, he commits theft, though the watch is his own property inasmuch as he takes it dishonestly.
12. A takes an article belonging to Z out of Z’ possession without Z’ 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 therefor committed theft.
13. A being on friendly terms with Z, goes into Z’ library in Z’ absence, and takes away a book without Z’ 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’ implied consent to use Z’ book. If this was A’ impression, A has not committed theft.
14. A asks charity from Z’ 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’ wife is authorized to give away alms. If this was A’ impression, A has not committed theft.
15. A is the paramour of Z’ wife. She gives a valuable property, which A knows to belong to her husband Z, and to be such property as she has not authority from Z to give. If A takes the property dishonestly, he commits theft.
16. A, in good faith, believing property belonging to Z to be A’ own property, takes that property out of B’ possession. Here, as A does not take dishonestly, he does not commit theft.

IPC 497: Section 497 of the Indian Penal Code

December 15, 2014

Adultery

Whoever has sexual intercourse with a person who is and whom he knows or has reason to believe to be the wife of another man, without the consent or connivance of that man, such sexual intercourse not amounting to the offence of rape, is guilty of the offence of adultery, and shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. In such case the wife shall not be punishable as an abettor.

IPC 496: Section 496 of the Indian Penal Code

December 15, 2014

Marriage ceremony fraudulently gone through without lawful marriage

Whoever, dishonestly or with a fraudulent intention, goes through the ceremony of being married, knowing that he is not thereby lawfully married, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

IPC 376D: Section 376D of the Indian Penal Code

December 15, 2014

Gang rape¹

IPC 376C: Section 376C of the Indian Penal Code

December 15, 2014

Sexual intercourse by person in authority¹

IPC 495: Section 495 of the Indian Penal Code

December 15, 2014

Same offence with concealment of former marriage from person with whom subsequent marriage is contracted

Whoever commits the offence defined in the last preceding section having concealed from the person with whom the subsequent marriage is contracted, the fact of the former marriage, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

IPC 376B: Section 376B of the Indian Penal Code

December 15, 2014

Sexual intercourse by husband upon his wife during separation

IPC 494: Section 494 of the Indian Penal Code

December 15, 2014

Marrying again during lifetime of husband or wife

Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

Exceptions

1. This section does not extend to any person whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge.

IPC 493: Section 493 of the Indian Penal Code

December 15, 2014

Cohabitation caused by a man deceitfully inducing a belief of lawful marriage

Every man who by deceit causes any woman who is not lawfully married to him to believe that she is lawfully married to him and to cohabit or have sexual intercourse with him in that belief, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.