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 penal code, bare act universal publication. (d)criminal misappropriation of property (e) Criminal breach of trust (f) Receiving stolen property (g) Cheating (h) Fraudulent disposal of property (i)Mischief (j)Criminal trespass.3 OF THEFT (Section 378-382)
Section 378 says that whoever intended 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. For instance- A finds a ring belonging to Z on a table in the house which Z occupies. Here the ring is in Z’s possession, and if a dishonestly removes it, A commits theft. This section defines theft and nest section prescribes punishment thereof. In order to constitute the offence of theft, there must exist following ingredients.4 a) The accused must have an intention to taking dishonestly; Note- The word dishonestly means as is used in this section, does not carry its ordinary meaning it is a technical term which has been expressly defined in section 24 of IPC itself. A person can be said to have said to have dishonest intention If, in taking the property, it is his intention to cause gain, by unlawful means of the property to which the persons so gaining is not legally entitles or to cause loss by unlawfully means of property to which the person so losing is legally entitled.5 A person may be the guilty of theft of his own property if he takes it dishonestly from other see ills. (j) and (k). where the accused took a bundle belonging to himself which was in the possession f a police constable and for which the constable was accountable it was held that he constable had special property in it and that therefore the accused was guilty of theft. 6 There is no presumption of law that husband a wife constitute one person in India for the purpose of criminal law. If the wife removes her husband’s property from his house with dishonest intention husband and without his consent her SRTIDHAN (woman property). Cannot...
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