Theft is discussed under section 378 of Indian Penal Code and punishment of theft is discussed under section 379 of Indian Penal Code.
Essential of theft
In order to constitute as theft, there has to be five essential ingredients.
These ingredients are
1.Dishonest intention to take other’s property
2.The property must not be immovable
3.It should be taken out of from another person’s possession
4.It should be taken without the consent of that person and
5.Such property must be taken from that place
Dishonest Intention
Intention is the gist of the offence. The intention to take dishonestly exists when the taker intends to cause wrongful gain to one person or wrongful loss to another person. Where, therefore the accussed acting bona fide in the interests of his employers finding a party of fishermen poaching on his master’s fisheries. Took charge of the nets and retained possession of them, pending the orders of his employers, it was held that he was not guilty of theft.
Bona Fide Dispute
Where property is removed in the assertion of a contested claim of right, however ill-founded that claim may be, the removal thereof does not constitute theft. Where the question in dispute between two parties was whether the sale of mahal (village) carried within its ambit the sale of certain trees and the servant was not guilty of theft. The dispute as to ownership must held the servant was not guilty of theft.
Movable Property
The property must be movable property. It can not be immovable property. It is another most important ingredients.
Out of the possession of any person
The property must be in the possession of the prosecutor. Thus there can be no theft of wild animals, birds or fish while at large. But if the fishes or any other things is in the possession of another person and this possession means ownership. Then if someone takes the property i.e. fishes, birds, animals then it will be constitute as theft.
Consent
Consent is another most important ingredients. If there is a consent then it can not be constitute as theft. This consent can be in two ways.
- Express consent
- Implied consent
Without consent then it will be theft.
Punishment of theft under section 379
The punishment for theft is discussed under section 379 of Indian Penal Code. This punishment will be given if someone violated the essential ingredients discussed under section 378 of Indian Penal Code.
Punishment will be
1.Three years imprisonment
- Fine
- It can be both 1 and 2 that i.e. three years imprisonment with fine.
