Section :- Punishment for extortion Whoever, in order to the committing of extortion, puts any person in fear, or attempts to put any person in fear, of any injury, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. Here A, though he may have committed criminal trespass and assault, has not committed theft, inasmuch as what he did was not done dishonestly. A has committed the offence defined in this section. The least removal of the thing taken from the place where it was before is a sufficient transportation though it be not quite carried off. Here A has extorted the purse from Z by putting him in fear of instant hurt, and being at the time of committing the extortion in his presence.
Extraction of teak timber without licence amounts to theft. The accused showed the stolen property. As the essence of the act consists in the fraudulent taking, that taking must have commenced. WritingLaw is not by a group or company but just me. Dacoity is robbery committed by five or more persons.
Investigating officers said the pair ticked all the provisions required to be charged under the stringent Act with both being gang leaders actively involved in snatching, robberies and heinous crimes. Section 389 Putting person in fear of accusation of offence, in order to commit extortion Section 390 Robbery Section 391 Dacoity Section 392 Punishment for robbery Section 393 Attempt to commit robbery Section 394 Voluntarily causing hurt in committing robbery Section 395 Punishment for dacoity Section 396 Dacoity with murder Section 397 Robbery, or dacoity, with attempt to cause death or grievous hurt Section 398 Attempt to commit robbery or dacoity when armed with deadly weapon Section 399 Making preparation to commit dacoity Section 400 Punishment for belonging to gang of dacoits Section 401 Punishment for belonging to gang of thieves Section 402 Assembling for purpose of committing dacoity Section 403 Dishonest misappropriation of property Section 404 Dishonest misappropriation of property possessed by deceased person at the time of his death Section 405 Criminal breach of trust Section 406 Punishment for criminal breach of trust Section 407 Criminal breach of trust by carrier, etc. Animals can become the subject of theft, for they can be classified as movables. Section :- 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 effecting of his escape after 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. Further, dacoity is the offence for which the preparation is sufficient constitute the offence.
Now too it is equally expensive and time consuming to maintain and update. In other words there must be a possession of that property. It means the thing permanently attached to the earth is immovable property, is not the subject of theft. A, by taking it, commits no theft, though he may commit criminal misappropriation of property. If the property does not have an owner meaning that it is not in the possession of anyone, then such a property cannot be said to have been stolen if a person acquires such property. There is no delivery of property by the owner. Theft maybe only in respect of movable property.
Does India have sufficient Laws? Those which Z delivered from fear of death or acquired by extortion. If anyone knowingly or intentionally conceals, destroys, alters or causes another to do as such shall have to suffer imprisonment of up to 3 years or fine up to 2 lakh rupees. For though, in general, the consent of a suffer is a circumstance which vary materially modifies the character of an offence, and which ought, therefore, to be made known to the Courts, yet the consent which a person gives to the taking of this property by a ruffian who holds a pistol to his breast is a circumstance altogether immaterial. The result of this ability is that different sovereignties, jurisdictions, laws and rules will come into play which again is an issue in itself. If data is stored on some tangible object like a hard drive, then theft of such an object would be covered under this Section. A by taking it, commits no theft, though he may commit criminal misappropriation of property. Robbery includes either theft or extortion.
His servant A, before the money comes into the possession of any person entitled to such possession, dishonestly misappropriates it. A dishonestly disobeys the directions and employs the money in his own business. It lies down that whoever commits robbery shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine; and if the robbery be committed on the high-way between the sun-set and the sun-rise, the imprisonment may be extended to fourteen years. But, if such property subsequently comes into the possession of a person legally entitled to the possession thereof, it then ceases to be stolen property. Difference between Theft and Extortion Theft Extortion In theft, property is taken away without the consent of the owner. The offender of robbery should be present at the victim, and should create fear of death.
A co-owner of movable property with another, whose share is defined, can be guilty of theft, if he removes the joint property without consent of the co-owner. Under this Section, Theft has been defined as the act of taking any immovable property with a dishonest intent and without the consent of the owner of such property. In this situation A has given his implied consent to B to take the bucket, here, no theft has occurred. Delhi Police currently books snatchers under Section 379 of the Indian Penal Code for theft and Section 356 for assault or criminal force during theft. Robbery and dacoity: The essence of the difference between the two lies only in the number of person involved in the Hence.
In this case, the accused committed a high-way robbery. Explanation 2- A moving effected by the same act which affects the severance may be a theft. In the former case, it is advisable that the agreements with the employees and contractors contain suitable provisions which can establish a breach of trust for unauthorised use and access of data. The investigators discovered that he now owns at least five properties. The Indian Penal Code deals with 'theft' and punishment for theft of movable property which includes all corporeal property. Section :- Mischief by injury to public road, bridge, river or channel Whoever commits mischief by doing any act which renders or which he knows to be likely to render any public road, bridge, navigable river or navigable channel, natural or artificial, impassable or less safe for travelling or conveying property, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both.
If committed by an employee servant , it attracts imprisonment of up to 7 years, or fine, or both. The data continues to reside electronically in the possession of the lawful owner. Section :- Extortion by threat of accusation of an offence punishable with death or imprisonment for life, etc Whoever commits extortion by putting any person in fear of an accusation against that person or any other, of having committed or attempted to commit any offence punishable with death, or with imprisonment for life, or with imprisonment for a term which may extend to ten years, or of having attempted to induce any other person to commit such offence, shall shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine; and, if the offence be one punishable under section 377 of this Code, may be punished with imprisonment for life. Wrongful loss means the loss brought about by unlawful means. Trial in snatching such cases now be conducted in sessions courts, instead of judicial magistrate courts. Theft by clerk or servant of property in possession of master. Essentials of Theft 1- Dishonest Intention It is provided in the definition that there must be a dishonest intention for an act to be considered as Theft.
But the wife appealed in the court again stating no due enquiry took place and so his case is still ongoing. Section :- Punishment for robbery Whoever commits robbery shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine; and, if the robbery be committed on the highway between sunset and sunrise, the imprisonment may be extended to fourteen years. It also states that it is the modern statutory offense of breaking and entering any building -not just a dwelling, and not only at night -with the intent to commit a felony. Punishment: rigorous imprisonment upto ten years and also fine. They looted the passengers of the bus.