THEFT (Section 378)

 THEFT (Section 378)

Sec-378 Indian Penal Code defines theft.

A person is guilty of theft is he takes with dishonest intention, any moveable property, out of the possession of any person, without his consent and moves with the property.

1. 1)  If an item is attached to the earth, it cannot be stolen, but if it is freed from the earth it may be stolen.

2. 2)  Moving the property is essential. Removing an obstacle amounts to theft.

Eg:
1) A cuts down a -tree from the field of Z with a view to dishonestly taking the

2)

tree. He has committed theft.
A meets a bullock cart carrying valuable articles, he causes it to be moved in a

different direction with a dishonest intention to take it. This is theft. Essentials:

1. Dishonest taking.
2. Moveable property
3. Out of the possession of the person 4. Without consent
5. Moving with the property

1. Dishonest Taking:

The dishonest intention is the gist of the offense. The accused must make wrongful gain or wrongful loss. The taking must be dishonest.

E.g.
Taking a cow by force, in satisfaction of a debt, is a wrongful gain and therefore theft. Animo Furtandi (Intention) is essential.

In Pyarelal Bhargava V

State of Rajasthan
The Supreme Court has held that removing an office file for the purpose of

removing some documents and replacing with others, is theft under this section.

ii) Moveable property:

The property for theft must be moveable only.
Human body is not moveable property and therefore cannot be stolen. Once the property is severed from the earth it becomes moveable.

iii) Out of the possession of the person: Taking a thing out of the possession of the person is essential.

Hence the offender, must take the property otherwise there is no offense.

iv) Without consent:
If there is consent of the owner, there is no offense of theft at all.

Consent may be expressed or implied.

v) Moving with the property:

Theft is completed when there is dishonest moving with the property.
A guest who takes away dishonestly the bed sheets while going was held guilty of

theft when he moved out of the house.

In Mehra V

State of Rajasthan,
Moving out with dishonest intention was essential for theft the Supreme Court said

A person may commit a theft of his own property.

‘A’ pledges his goods with ‘P’. Subsequently he takes them without the consent of P. dishonestly. A is guilty of theft of his own property.

Theft in dwelling house is punishable under Sec- 380