Offence Against Property
INTRODUCTION-
Offence against property finds a prominent place in the penal code, the basic elements common to the offences under this chapter is “Dishonestly”, which the code describes as the intention of causing “wrongful gain” to one person or “wrongful loss” to another but the manner in which dishonestly is exercised differs in different cases. 1 “Whoever does anything with the intention of causing wrongful gain to one person or wrongful loss or another person is said to do that thing “dishonestly”.”2 Now the question comes what is wrongful gain and wrongful loss? For that our Indian penal code section 23 says about wrongful gain and wrongful loss. This section “Wrongful gain is gain by unlawful means if property to which the person losing it is legally entitled.” And “wrongful loss is the loss by unlawful means of property to which the person losing is legally entitled. For human society to regulate its administration it requires the protection of not only the person of individuals, but also of their property. In short we can say that the offences which effects or harm to the public property is considered as offence against property.
What are the areas comes under this? The basic element common to the offences under this chapter is dishonesty which the code describes as the intention of causing wrongful gain to on e person to wrongful loss to another. A stage is however reached when violations of property rights become so violent, mischievous of fraudulent that the state finds it necessary to step in an utilize the machinery for its criminal law to afford protection to property in a speedy and effective way. For this it has divide into 10 heads (a) theft (b)extortion (c)Robbery and dacoity
1 Textbook on The Indian Penal Code by K.D.Gaud. fourth edition 2009, foreworded by Justice V.N. Khare, Published By Universal Law Publishing Co. PVT.Ltd. C-FF-1A, Dilkhush Industrila estate. Gt road Karnal Road. Delhi. page 687, 1st paragraph. 2 Section 24 of Indian
Offence against property finds a prominent place in the penal code, the basic elements common to the offences under this chapter is “Dishonestly”, which the code describes as the intention of causing “wrongful gain” to one person or “wrongful loss” to another but the manner in which dishonestly is exercised differs in different cases. 1 “Whoever does anything with the intention of causing wrongful gain to one person or wrongful loss or another person is said to do that thing “dishonestly”.”2 Now the question comes what is wrongful gain and wrongful loss? For that our Indian penal code section 23 says about wrongful gain and wrongful loss. This section “Wrongful gain is gain by unlawful means if property to which the person losing it is legally entitled.” And “wrongful loss is the loss by unlawful means of property to which the person losing is legally entitled. For human society to regulate its administration it requires the protection of not only the person of individuals, but also of their property. In short we can say that the offences which effects or harm to the public property is considered as offence against property.
What are the areas comes under this? The basic element common to the offences under this chapter is dishonesty which the code describes as the intention of causing wrongful gain to on e person to wrongful loss to another. A stage is however reached when violations of property rights become so violent, mischievous of fraudulent that the state finds it necessary to step in an utilize the machinery for its criminal law to afford protection to property in a speedy and effective way. For this it has divide into 10 heads (a) theft (b)extortion (c)Robbery and dacoity
1 Textbook on The Indian Penal Code by K.D.Gaud. fourth edition 2009, foreworded by Justice V.N. Khare, Published By Universal Law Publishing Co. PVT.Ltd. C-FF-1A, Dilkhush Industrila estate. Gt road Karnal Road. Delhi. page 687, 1st paragraph. 2 Section 24 of Indian