365. Kidnapping or abduction with intent secretly and wrongfully to confine person.- Whoever kidnaps or abducts any person with intent to cause that person to be secretly and wrongfully confined, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

                  Punishment-Imprisonment for 7 years and fine -Cognizable –Non-bailable-Triable by Magistrate of the first class–Non-compoundable.

                                                COMMENTS

            Where sufficient evidences  prove that the victim was above 18 years of age the convections of accused can not  be done under  section 336-A, section 372  of IPC but for  an offence  of  punishment  under section 365 IPC is liable  to be  prosecuted ; Shaikh Ramjan v. State, 1999 Cr LJ 2161 (AP).

_____________________________________________________________

  1. Ins . by Act 42 of 1993, sec. 2 (w.e.f.22-5-1993).
  2. 4.Subs. by Act 24 of 1995 , for “ any other person” (w.e.f.26-5-1995).

 

366. Kidnapping, abducting or inducting woman to compel her marriage, etc.- Whoever kidnaps or abducts any woman with intent that  she may be compelled, or  knowing it to be likely  that she will be compelled , to illicit intercourse , shall be punished  with likely that she will be forced or seduced to illicit intercourse, shall be punished  with imprisonment  or either description  for a term which may  extend to ten years, and shall  also be liable to fine; 1[ and  whoever, by  means of criminal  intimidation as defined in this Code or of abuse of authority or any other method of compulsion, induces  any woman to go from  any place with  intent that she may be, or knowing that it is likely  that she will be, forced or seduced to illicit intercourse with another  person shall be  punished  as aforesaid].

                                    CLASSIFICATION OF OFFENCE

                 Punishment-Imprisonment for 10 years and fine -Cognizable –Non-bailable-Triable by any Session–Non-compoundable.

 

2[366A. Procuration of minor girl] Whoever, by  any means whatsoever, induces any minor  girl under  the age of eighteen years to go from any place or to do any act with intent that such girl may be, or knowing that it is likely that she  will be , forced or  seduced to illicit intercourse  with another person shall be punishable with imprisonment  which may extend to ten  years , and  shall also be liable  to fine.]

CLASSIFICATION OF OFFENCE

                  Punishment-Imprisonment for 10 years and fine -Cognizable –Non-bailable-Triable by Court of Session –Non-compoundable.

 

2[366B. Importation of girl from foreign country.- Whoever imports into 3[India       ] from any country outside India

1.        1.Added by Act 20 of 1923, sec 2.

2.        2.Ins. by  Act 20 of 1923, sec.3.

3.        3.The words “ British India” have successively been subs. by  the A.O. 1950, the A.O. 1950 and Act 3 of 1951 , sec. 3 and Sch. to read as above.

 

4[or form the State of Jammu and Kashmir] any girl  under  the age of twenty –on years with intent that she may be. Or knowing it to  be

 likely that she will be , forced  or seduced to illicit intercourse with another person, 5[***] shall be punishable with imprisonment which may extend to ten years and shall also be liable to fine].

CLASSIFICATION OF OFFENCE

            Punishment-Imprisonment for 10 years and fine -Cognizable –Non-bailable-Triable by Court of Session –Non-compoundable.

                                                COMMENTS

Where the age of prosecutrix was 14 years at the time at the time of incident not proved while  ossification test report suggested her age about 40 years and further she willingly  gone with accused without  making complaints to any body on  way thus no offence is made out and as such accused without making  complaints to any body on way thus no offence is made out and as such  accused  without making complaints to any body on way thus no  offence is made out and as such  conviction is liable to set aside; Shakeel alias Pappoo v. State of Uttar Pradesh, 2000 Cr LJ 153 (All).

 

4.             Ins. by Act 3of  1951, sec. 3 and Sch .

5.             Certain words omitted by Act 3 of 1951, sec.3 and Sch.

 

            (ii) Consent of a minor prosecutrix does not matter she was taken to spearte places for  making sexual intercourse away form  her lawful guardians , here came as different in FIR dies not matter as it was hr pet name, under such circumstances  accused is guilty of knidnapping and raping a minor for days long; Mohandas Suryavanshi v. State of Madhya Pradesh, 1999 Cr LJ 3451 (MP).

 

367. kidnapping or abducting in order to subject  person to  grievous hurt, slavery, etc.-Whoever kidnaps or abducts any person in order that such  person may be subjected, or may be so disposed or as to be put in danger of being subject to grievous gurt, or slavery, or to the unnatural lust of , shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

            Punishment-Imprisonment for 10 years and fine -Cognizable –Non-bailable-Triable by Court of Session –Non-compoundable.

 

368. Wrongfully concealing or keeping in confinement, kidnapped or abducted person.- Whoever, knowing that any person has been kidnapped  or has  been abducted wrongfully conceals or confines such person,  shall be punished  in the  some manner as if  he had kidnapped or abducted such  with the same intention ir knowledge, or for  the same purpose as that with or for  which he conceals  or detains such person in confinement,

CLASSIFICATION OF OFFEN

Punishment-Punishment for kidnapping or abduction-Cognizable –Non-bailable-Triable by court by which the kidnapping  or abduction is  triable –Non-compoundable.

 

369. Kidnapping or abducting child under ten years with intent to  steal from its person.- Whoever kidnaps or abducts any child under the age or ten years with the intention of taking dishonestly any moveable  property from th4e person of such child, shall  be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

 Punishment-Imprisonment for 7 years and fine -Cognizable –Non-bailable-Triable by Magistrate of  the first  class –Non-compoundable.

 

370. Buying or disposing of any person as a slave.-  Whoever imports, exports, removes, buys , sells or disposes of any person as a slave, or accepts , receives or detains against his will any person as a slave, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall  also be liable to fine.

CLASSIFICATION OF OFFENCE

            Punishment-Imprisonment for 7 years and fine -Cognizable –Non-bailable-Triable by Magistrate of the first class –Non-compoundable.

 

371. Habitual dealing in slaves.- Whoever habitually imports, exports, removes, buys, sells, traffics or deals in slaves, shall be punished with 1[imprisonment for life], or  with imprisonment of either description for  a term not exceeding ten years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

           Punishment-Imprisonment for life ,or imprisonment for 10 years and fine -Cognizable –Non-bailable-Triable by Court of Session –Non-compoundable.

 

372.     Selling minor for purposes or prostitution , etc.- Whoever sells, lets to hire,  or otherwise disposes of any 1[person under the age of eighteen years with intent that such person shall at any age be] employed or used for any such propose , or knowing to be likely that such parson will at any age be employed or used for any such purpose, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall be liable to fine.

            2[Explanation I.-When a female under the age  of eighteen years is sold, let for hire, or otherwise disposed of to a prostitute or to any person who keeps or manages a brothel, the person so disposing of such female shall , until the contrary is proved, be presumed to have disposed of her with the intent that she shall be used for the purpose of prostitution.

            Explanation II. For the purposed of this section” illicit intercourse” means sexual intercourse between parsons not united by marriage or by any union or tie which, though to amounting to a marriage, is  recognized by the personal law or custom of the community to which they belong or , where they belong to different communities, of  both such communities, as constituting between them a quasi-marital relation.

 

_____________________________________________________

1.        Subs. by Act 26 of 1955, sec 117 and Sch., for “transportation for life” (w.e.f.-1-1956).

CLASSIFICATION OF OFFENCE

            Punishment-Imprisonment for 10 years and fine -Cognizable –Non-bailable-Triable by Court of Sessioin–Non-compoundable.

COMMENTS

            When the offence under section 372 and 366-A is not proved due to age of victim the conviction under lesser offence and lesser punishment is applicable .The legislature is advised by Court to consider this legal flaw; Shaikh Ramjan v. State, 1999 Cr LJ 2161 (AP).

 

373. Buying minor for purposes of prostitution ,etc.- Whoever buys, hires or otherwise obtains possession of any 1[person under the age of eighteen years with intent that such person shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, of knowing

It to be likely  that such person will at any age be] employed  or used for any purpose, shall , punished with imprisonment of either  description for a tem which may extend to ten  years, and shall also be liable to fine.

            3[Explanation I.- Any prostitute or any person keeping or managing a brothel, who buys , hires or otherwise obtains possession of a female under the age of eighteen years shall , until the contrary is proved, be presumed to have obtained possession of such female with he intent that she shall be used for the  purpose of prostitution.

Explanation II.- “ Illicit intercourse” has the same meaning as  in section 372.]

_______________________________________________________________

1.        Subs. by Act 18 of  1924, sec.2 , fro certain words.

2.        Ins. by Act 18 of 1924, sec.3.    

3.      Ins. by act 18 of 1924, sec.4.

 

CLASSIFICATION OF OFFENCE

            Punishment-Imprisonment for 10 years and fine -Cognizable –Non-bailable-Triable by Court of Sessioin–Non-compoundable.

 

374. Unlawful compulsory lab our.-Whoever unlawfully compels any person to lab our against the will of that person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.

 

CLASSIFICATION OF OFFENCE

            Punishment-Imprisonment for 1years, or fine,  or both -Cognizable –Bailable-Triable by any Magistrate–Non-compoundable.

                                                            1[Sexual offences]

 

2[375. Rape.- A man is said to commit “trap” who, except in the case hereinafter excepted, has  sexual intercourse with a woman under circumstances falling under any of the six following descriptions:-

            First.- Against her will.

            Secondly.- Without her consent.

Thirdly.- With  her consent, when her consent has been obtained by putting her or any person in whom she is interested in fear of death or of hurt.

Fourthly.- With her consent, when the man knows that he is not her husband, and that her consent is given  because she believes that he is another man to whom she

is or believes herself to be lawfully married.

Fifthly.- With her consent, when at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of  that to which she gives consent

Sixthly.- With or without her constitute, when  she is under sixteen years of age .

_______________________________________________________________

1.        Subs. by Act 43 of 1983, sec.3,  for the heading “ Of rape”

2.        2.Subs. by Act 43 of 1983, sec.3, for sections 375 and 376.

 

Explanation. Penetration  is  sufficient to constitute the sexual intercourse

necessary  to the  offence of rape.

            Exception.- Sexual intercourse by a man with his own wife, the  wife not being under fifteen years of age, is not rape.]

                                    STATE AMENDMENT

Union Territory of Manipur:

            (a) in clause sixthly, for the word “ sixteen” substitute the word” fourteen “; and 

(b) in the Exceptioin , for  the word: “ sixteen” substitute the word” thirteen”.

[Vide Act 30 of 1950.]

                                                COMMENTS

Mere absence of  spermatozoa cannot cast a doubt on the  correctness of the prosecution case ; Prithi Chand v. State of Himachal Pradesh, (1989)Cr LJ 481:AIR 1989 SC 702.

(ii) Where a prosecutrix is a minor girl suffering from pain due to ruptured hymen

 and bleeding vagina depicts same, minor  contradictions in her statements that are not of much value, also absence of any injury on kale organ or accused is no valid ground for innocence of accused, conviction and section 375I.P.C proper; Mohd. Zuber Noor Mohammed Changwldia v.State of Gujarat, 1999 Cr LJ 3419 (Guj).

 

2[376.Punishment for rape].- (1) Whoever, excepted in the cases provided for by sub-section (2), commits rape shall be punished with imprisonment of either description for a term which shall not be less than seven years but which may be for life or for a term which may  extend to ten years and shall also be liable to fine unless  the women  rape is his own wife an is not under twelve years of age, in which cases, he shall be punished with imprisonment of either  description for a tem which may extend to two years or with fine or with both:

 

provided that the court may, for adequate and special reasons to be  mentioned in the judgment impose a sentence of imprisonment for a term  of less than seven years.

            (2) Whoever,-

(a)        being a police officer commits rape-

___________________________________

2.             Subs. by Act 43 of 1983, sec.3, for sections 375 and 376.

 

(i)         within the limits of the  police station to which he is appointed; or

(ii)        in the premises of any station house whether or not situated in the police station to which he is  appointed; or

(iii)       on a woman  in his custody or in the  custody of a police officer subordinate to him; or

(b)        being a pu7blic servant, takes advantage of his  official position and commits rape on a woman in his custody as such public servant or  in the custody of a public station subordinate to him; or

(c)        being on the management  or on the staff of a jail , remand home or other place of custody established  by or under any law for the time being in force or of a woman’s or children’s institution takes advantage of his official position and commits rape any inmate of such jail, remand home, place or institution; or

(d)        being on the management or on the staff of a hospital, takes advantage of his  official position and commits rape on a woman in that hospital; or

(e)        commits  rape on a woman knowing her to be pregnant; or

 

shall be punished with rigorous imprisonment for a term  which shall not be less than ten years but which may be for lie and shall also be liable to fine:

            Provided that the court may, for adequate and special reasons to be mentioned in  the judgment, impose a sentence of imprisonment of either description for a term of less than ten years.

            Explanation 1.- Where a woman is raped by one or ,ore in a groups of parsons acting in furtherance of their common intention, each of the parsons shall be demeaned to  have committed gang rape within the meaning of this sub-section.

            Explanation 2.- “Women’s or children’s institution” means an institution, whether called  an orphanage or a home for neglected woman or children or a widows, home or by any other name, which is established  and maintained for the reception and care of woman or children.

            Explanation 3.- “Hospital” means the precincts of the hospital and includes the precincts of any institution for the reception and  treatment of person during convalescence or of persons requiring medical attention or rehabilitation.]

CLASSIFICATION OF OFFENCE

            Para I. Punishment-Imprisonment for life or imprisonment for  ten  years and fine -Cognizable –Non-bailable-Triable by Court of Session–Non-compoundable.

            Para II. Punishment-Imprisonment for two years and fine or both –Non-Cognizable –Bailable-Triable by Court of Session–Non-compoundable.

                                                COMMENTES

(i)                                          Corroborative evidence is not an imperative component of judicial credence in every case of rape; State of Mahrashtra v. State  Maharashtra v. Suresh Nivruthi Bhusare, (1997) 2 Crimes 257 (Bom).

(ii)                                        If a woman meekly submits to sexual intercourse it would be a cause of consent; State of Maharashra v. Suresh Nivrutti Bhusare, (1997)2 Crimes  257 (Bom).

(iii)                                       Normally  a woman would not falsely implicate for the offence of rape at the cost of her character. In Indian society , it is very unusual that a lady with a view to implicate  a person  would go to the extend ofsating that she was raped; Mohan Lal v. State of Madhya Pradesh, (1977) 2 Crimes 210 (MP).

(iv)                                      When the  prosecutrix is a minor aged below 16 years, the  question of her being a consenting parity to the sexual intercourse does not arise or is or no consequence; Naresh v. State of Haryana, (1997)2 Crimes 587 (P&H).

(v)                                        The delay is hearing of appeal for long period is no cause for not interfering with an order of acquittal which was based on conjectures and surmises, resulting in gross failure of justice State of Rajasthan v. Shanker, 2000 Cr  LJ266 (Raj).

(vi)                                      Where in  innocent girl of just 9 years of age raped by accused , and  FIR is lodged well in time evidence of her testimony also corroborated by medical evidence, no evidence for  false implication, failure on part of investigation  are not enough to deny version of prosecrrtuix and other corroboatibe evidences; Najoor Ahmad v. State or Bihar, 1999 Cr LJ 2550 (Pat).

(vii)                                     Medical evidence corroborated by version of prosecrutix independent witness also in favour of the victim . No evidence of causing an unknown person a false implication at cost of a family  name, conviction based on her evidence up held; Lakha v. State of Rajsthan,1999 Cr LJ 3418 (Raj).

(viii)                                   Where a minor girl just 10 years of age raped by accused, a minor of 16 years on the date of incident, convicted and sentenced to 3 years R.I., therefore, since then many years added to his age, he cannot eve sent to an approved school under the Act and as such his conviction is but sentence set aside; Bire Alias Bir Bahadur Singh v. State of Uttar Pradesh, 2000 Cr LJ 87 (All).

(ix)                                      In absence of any sign of forcible intercourse during medical examination and delay in lodging FIR not explained, accused entitled to acquittal; Babu Dey v.State of West Bengal, 2000 Cr LJ 329 (Call).

(x)                                        Where the evidences of Witnesses are fully corroborated by medical evidence other material evidences active role of all of accused is not doubted  thri conviction under section 376 (2)(g) and 302/34 is fully justified; State of Madhya Pradesh v. Mohai,1999 Cr LJ 2698 (MP).

 

1[376 A. Intercourse by a man his wife during separation.- Whoever has sexual  intercourse with his own wife, who is living separately  from him under a decree of separation or  under any custom or usage without her consent shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine.]

CLASSIFICATION OF OFFENCE

            Punishment-Imprisonment for two years, or fine-Non -cognizable –Bailable-Triable by Court of Session.–Non-compoundable.

 

376B. Intercourse by public servant with woman in his custody.- Whoever, being a public servant, takes  advantage of his official position  and  induces or seduces, any woman, who  is in his  custody as such public servant or in the custody of a public servant subordinate to him, to have sexual intercourse  with him, such sexual intercourse

______________________________________________________

1.             Subs. by Act 43 of 1983, sec.3, for sections  375 and 375.

Not  amounting to the  offence of rape, shall be punished with imprisonment of either description for a term which may extend to five years and shall also be liable to fine.]

CLASSIFICATION OF OFFENCE

            Punishment-Imprisonment for five years and fine-Cognizable(but no arrest shall be made without a warrant  or without an order  of a Magistrate) –Bailable-Triable by any Court of Session–Non-compoundable.

 

1[376C. Intercourse by superintendent  of jail, remand home, etc.- Whoever, being the superintendent or manager of a jail , remand home or other place of custody established  by or  under any law for the time being in force or of a woman’s or children’s institution takes advantage  of his official position and  induces or seduces any female inmate of such jail, remand home, place ore institution  to the sexual intercourse with him, such sexual intercourse not amounting to the offence of rape, shall be punished with  imprisonment of either description for a term which may extend to five years and shall also be liable to fine.

            Explanation 1.- “Superintendent” in relation to jail, remand home or other place of custody or a women’s  or children’s institution includes a person holding any other office in such jail, remand home. Place or instruction by virtue of which he can exercise any authority  or control over its inmates.

Explanation 2.-The expression “ women’s or children’s institution” shall have the same meaning as in Explanation 2 to sub-section (2) of section 376.]

CLASSIFICATION OF OFFENCE

            Punishment-Imprisonment for five years and fine-Cognizable(but no arrest shall be made without a warrant  or without an order  of a Magistrate) –Bailable-Triable by any Court of Session–Non-compoundable.

 

1[376 D. Intercourse by any member of  the management or staff of a hospital with any woman in that hospital.-Whoever, being  on the management  of a hospital or being on the staff of a hospital takes advantage of his position and has sexual intercourse with any woman I that hospital, such sexual intercourse not amounting to the offence of

__________________________________________________________

1.             Subs. by Act 43 of 1983, sec.3, for sections 375 and  376

rape, shall be punished with imprisonment of either d3escription for a term which may extend to five years and shall also be liable to fine.

Explanation.- The expression “hospital” shall have the same meaning as in Explanation 3 to sub-section (2) of section 376.]

CLASSIFICATION OF OFFENCE

            Punishment-Imprisonment for five years and fine-Cognizable(but no arrest shall be made without a warrant  or without an order  of a Magistrate) –Bailable-Triable by any Court of Session–Non-compoundable.

                                                Of Unnatural Offences

 

377. Unnatural offences. Whoever voluntarily has carnal intercourse  against the order of nature with any man, woman or  animal , shall be punished with 2[imprisonment for life],  or with imprisonment of either description f or a term which may extend to ten years and shall also be to fine.

            Explanation.- Penetration is sufficient to candidate  the carnal intercourse  necessary to the 9offence described  in this section.

CLASSIFICATION OF OFFENCE

            Punishment-Imprisonment for life, or imprisonment for 10 years and  fine-Cognizable-Non –Bailable-Triable by Magistrate of the first class.–Non-compoundable.

CHAPTER XVII

OF OFFENCES AGAINST PROPERTY

Of Theft

 

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.

            Explanation 1.- A thing so ling 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.

___________________________________________________________

  1. Subs. by Act 26 of 1955, sec. 117 and Sch., for “transportation for life” (w.e.f.1.1.956)

 

            Explanation 2.- A moving effected  by the same act which affects the severance may be a theft.

            Explanation 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 ant other thing, as well as by  actually moving it.

            Explanation 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.

            Explanation 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 the purpose authority   either express or implied.

Illustrations

A cuts down a tree on Z’s ground , with the intention of dishonestly taking the tree out of Z’s possession without Z’s consent. Here, as soon as A has served the tree in order to such taking, he has committed theft.

A puts a bait for dogs in his pocket, and thus induces Z’s  dog to follow it Here, if A’s intention be dishonestly to take the dog out of A’s possession without  Z’s consent. A has committed theft as soon as Z’s dog has begun to follow A.

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 beings to move, A has committed  theft of the treasure.

A, being Z’s servant and entrusted by Z with the care of Z’s with the care of Z’s plate, dishonestly runs away with the plate, without Z’s consent. A  has committed theft of the treasure.

Z, going on a journey, entrusts his plate to A, the keeper of the warehouse, till Z shall return. A carries the plate  to a goldsmith and sells it. Here the plate was not in Z’s possession. It could not therefore be taken out of Z’x possession, and A has not committed theft,  though he may have committed criminal breach of trust.

A find a ring belonging to Z on a table in the house which Z occupies, Here the ring is in A’s possession , and if A dishonestly removes it, A commits theft.

A finds a ring lying on the highroad. Not in he possession of any person. A by taking it, commits no theft, though he may commit criminal misappropriation of property.

A see a ring belonging to Z lying on a table in Z’s 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.

A  delivers his watch  to Z, a jeweler, to be regulated. Z  carries it to his shop. A, not owing to the jeweler any debt for which the jeweler might lawfully  might lawfully detain the watch as a security, enters the shop openly, takes his watch by force out of Z’s hand, and carries it away. Here A, though he may have committed criminal trespass and assault, has not  committed theft, in as much as what he did was not done dishonestly.

 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’s possession, with  the intention of  depriving Z of property as a security for is debt, he commits theft, though the watch is his own property as a security for his debt, he commits theft, in as much as he takes it dishonestly.

 Again, if  A, having pawned his watch to Z, takes it out of Z’s possession without Z’s consent, not having paid what he borrowed on the watch, he commits theft , though the watch is his own property in as much as he takes to dishonestly.

A takes an article belonging to Z out of Z’s  possession, without Z’s 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 therefore committed theft.

A, being on friendly terms with Z, goes into Z’s library I Z’s absence, and takes away a book without Z’s express consent of r the  purpose merely of reading it, and  with  the intention of returning .Here  it is probable that A may have conceived that he had Z’s implied consent o use Z’s book. If this was A’s impression, A has not committed theft.

A asks charity from Z’s 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’s wife is authorized to give away alms. If  this was A’s impression, A has not committed theft.

 A is the paramour of Z’s  and to be such property , which A knows to belong to her husband Z, and to be such property as she has no authority from Z to give If A takes the property dishonestly, he commits theft.

A, in  good faith, believing property belonging to Z to be A’s own property, takes that property out of B’s possession. Here, as A does not take dishonestly, he does not commit theft.

COMMENTS

            The delay in hearing of appeal for long period is no cause for not interfering with an order of acquittal which was based on conjectures an surmises, resulting in gross failure of justice; State of Rajas than v. Shanker, 2000 Cr LJ 266 (Raj) .

379. 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.

CASSIFICATION OF OFFENCE

            Punishment-Imprisonment for 3 years, or fine, or both-Cognizable – Non-bailable-Triable by any Magistrate- Compoundable by th3 owner of the property stolen with the  permission of court.

 

380.     Theft in dwelling house, etc.- Whoever commits theft in any building, tent or vessel, which building, tent or vessel is used as a human dwelling, or used for the custody of property, shall be punished with imprisonment  of either description in for  a term, which may extend to seven years, and  shall also be liable to fine.

CLASSIFICATION OF OFFENCE

            Punishment-Imprisonment for 7years and fine-Cognizable –Non-bailable-Triable by  Magistrate –Non-compoundable.

STATE AMENDMENTS

State of Tamil Nadu:

            Section 380 of the Indian Penal Code (Central Act XLV of 1860)(hereinafter in  this part referred  to as the  principal Act), shall be renumbered as sub-section (1) of that section and after sub-section (1) as so  renumbered, the following sub-section shall be added, namely:-

            “(2) Whoever commits theft in respect of any idol or icon in any building used as a place of worship shall be punished with rigorous imprisonment for a m which shall not be less than two yeas but which mat extend to three years and with fine which shall not be less than two thousand rupees:

            Provided that  the court may, for  adequate and special reasons to be  mentioned in the judgment impose a sentences of imprisonment for a term of less than two years.”

[Vide Tamil Nadu Act 28 of 1993, sec.2].

 

381. Theft by clerk or servant of property in possession of master.- Whoever , being a clerk or servant , or , or being employed  in the capacity of a clerk or servant, commits theft in respect of any  property in the possession of his master or employer, shall be punished with imprisonment  of either description for  a term which may extend to seven years, and shall also be  liable to fine.

CLASSIFICATION OF OFFENCE

            Punishment-Imprisonment for 7 years, or fine-Cognizable – Non-bailable-Triable by any Magistrate- Compoundable by the owner of the property stolen with the  permission of court.

 

382. Theft after preparation made for causing death, hurt or restraint in order to the committing  of the theft.- Whoever commits theft, having made preparation for causing death, or hurt, or restraint, or fear of death, or of hurt, or of restraint, to any person, in  order to the committing of such theft, or  in order to the retaining of property taken by such theft, shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also  be liable to fine.

Illustrations

A commits theft on property in Z’s possession; and , while committing this theft, he has a loaded pistol under his garment, having provided this pistol for the purpose of hurting Z in case Z should resist. A has committed the offence defined in this section.

A picks Z’s pocket, having posted several of his companions near him, in order that they may restrain Z, if Z should perceive what is passing and should resist, or should attempt to apprehend A.A has committed the offence defined in this section.

CLASSIFICATION OF OFFENCE

            Punishment-Imprisonment for 10 years and fine-Cognizable –Non-bailable-Triable by  Magistrate  of the first class–Non-compoundable.

                                                            Of Extortion

 

383. Extortion.- Whoever intentionally puts any person in fear of any  injury to that person, or to  any other, and thereby dishonesty induces that person so put I fear to deliver to any person any property  or valuable security, or any thing signed or sealed which may be converted into a valuable security, commits “extortion”                 

Illustrations

A threatens to publish a defamatory libel concerning A unless Z gives him money. He thus induces Z to give him money. A has committed extortion.

A threatens Z that he will keep Z’s child in wrongful confinement, unless Z will sign and deliver to A  promissory note binding Z to pay certain monies to A.Z.  signs and delivers  to A  promissory note binding  to pay certain monies to A.Z signs  and delivers the note. A has committed extortion.

A threatens to send club-men o plough up Z’s field unless Z will sign and deliver to a bond. A has committed extortion.

A, by putting Z in fear of grievous hurt, dishonestly induces Z to sign or affix his seal t a blank paper and deli ever  it to A.Z signs and delivers that paper to A. Here, as the paper so signed may be converted into a valuable security. A has committed extortion.

 

384. Punishment for extortion.-  Whoever commits extortion shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

CLASSIFICATION OF OFFENCE

            Punishment-Imprisonment for 3 years, or fine, or both-Cognizable –Non-bailable-Triable by  any Magistrate–Non-compoundable.

 

 

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