Section 378.

Theft Whoever, intending to take dishonestly any moveable property out of the possession of any person without that persons consent, moves that property in order to such taking, is said to commit theft. Explanation 1 A thing so long as it is attached to the earth, not being movable property, is not the sub ect of theft! but it becomes capable of being the sub ect of theft as soon as it is severed from the earth. Explanation " A moving effected by the same act which affects the severance may be a theft. Explanation # A person is said to cause a thing to move by removing an obstacle which prevented it from moving or by separating it from any other thing, as well as by actually moving it. Explanation $ A person, who by any means causes an animal to move, is said to move that animal, and to move everything which, in conse%uence of the motion so caused, is moved by that animal. Explanation & 'he 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 that purpose authority either express or implied. Illustrations (a) A cuts down a tree on *s ground, with the intention of dishonestly taking the tree out of *s possession without *s consent. +ere, as soon as A has severed the tree in order to such taking, he has committed theft. (b) A puts a bait for dogs in his pocket, and thus induces *s dog to follow it. +ere, if As intention be dishonestly to take the dog out of *s possession without *s consent. A has committed theft as soon as *s dog has begun to follow A. (c) A meets a bullock carrying a box of treasure. +e drives the bullock in a certain direction, in order that he may dishonestly take the treasure. As soon as the bullock begins to move, A has committed theft of the treasure. (d) A, being *s servant, and entrusted by * with the care of *s plate, dishonestly runs away with the plate, without *s consent. A has committed theft. (e) *, going on a ourney, entrusts his plate to A, the keeper of the warehouse, till * shall return. A carries the plate to a goldsmith and sells it. +ere the plate was not in *s possession. ,t could not therefore be taken out of *s possession, and A has not committed theft, though he may have committed criminal breach of trust.

(f) A finds a ring belonging to * on a table in the house which * occupies. +ere the ring is in *s possession, and if A dishonestly removes it, A commits theft. (g) A finds a ring lying on the highroad, not in the possession of any person. A by taking it, commits no theft, though he may commit criminal misappropriation of property. (h) A sees a ring belonging to * lying on a table in *s house. -ot 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 *, with the intention of taking the ring from the hiding place and selling it when the loss is forgotten. +ere A, at the time of first moving the ring, commits theft. (i) A delivers his watch to *, a eweller, to be regulated. * carries it to his shop. A, not owing to the eweller any debt for which the eweller might lawfully detain the watch as a security, enters the shop openly, takes his watch by force out of *s hand, and carries it away. +ere 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. ( ) ,f A owes money to * for repairing the watch, and if * retains the watch lawfully as a security for the debt, and A takes the watch out of *s possession, with the intention of depriving * of the property as a security for his debt, he commits theft, in as much as he takes it dishonestly. (k) Again, if A, having pawned his watch to *, takes it out of *s possession without *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 it dishonestly. (l) A takes an article belonging to * out of *s possession, without *s consent, with the intention of keeping it until he obtains money from * as a reward for its restoration. +ere A takes dishonestly! A has therefore committed theft. (m) A, being on friendly terms with *, goes into *s library in *s absence, and takes away a book without *s express consent for the purpose merely of reading it, and with the intention of returning it. +ere, it is probable that A may have conceived that he had *s implied consent to use *s book. ,f this was As impression, A has not committed theft. (n) A asks charity from *s wife. .he gives A money, food and clothes, which A knows to belong to * her husband. +ere it is probable that A may conceive that *s wife is authorised to give away alms. ,f this was As impression, A has not committed theft. (o) A is the paramour of *s wife. .he gives a valuable property, which A knows to belong to her husband *, and to be such property as she has no authority from * to give. ,f A takes the property dishonestly, he commits theft. (p) A, in good faith, believing property belonging to * to be As own property, takes that property out of /s possession. +ere, as A does not take dishonestly, he does not commit theft. Comments Ingredients

'he delay in hearing of appeal for long period is no cause for not interfering with an order of ac%uittal which was based on con ectures and surmises, resulting in gross failure of ustice! .tate of 0a asthan v. .hanker, "111 2r 34 "55 (0a ). Taking need not be permanent ,t is not necessary that the taking should be of a permanent character, or that the accused should have derived any profit. A temporary removal of an office file from the office of a 2hief Engineer and making it available to a private person for a day or two amounts to the offence of theft! 6yare 3al /hargava v. .tate of 0a asthan, A,0 175# .2 117$. Section 379. Punishment for theft Whoever commits theft shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. CL SSI!IC TI"# "! "!!$#C$ 6unishment8,mprisonment for # years, or fine, or both82ogni9able8-on:bailable8'riable by any ;agistrate82ompoundable by the owner of the property stolen with the permission of the court. Section 38%. Theft in d&elling 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 for a term which may extend to seven years, and shall also be liable to fine. CL SSI!IC TI"# "! "!!$#C$ 6unishment8,mprisonment for < years and fine82ogni9able8-on:bailable8'riable by any ;agistrate8-on:compoundable. CL SSI!IC TI"# "! "!!$#C$ 6unishment8,mprisonment for < years and fine82ogni9able8-on:bailable8'riable by any ;agistrate82ompounded by the owner of the property stolen with the permission of the court. Section 38(. 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 restrain, 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. Illustrations

(a) A commits theft on property in *s possession! and, while committing this theft, he has a loaded pistol under his garment, having provided this pistol for the purpose of hurting * in case * should resist. A has committed the offence defined in this section. (b) A picks *s pocket, having posted several of his companions near him, in order that they may restrain *, if * should perceive what is passing and should resist, or should attempt to apprehend A. A has committed the offence defined in this section CL SSI!IC TI"# "! "!!$#C$ 6unishment80igorous imprisonment for 11 years and fine82ogni9able8-on:bailable8 'riable by ;agistrate of the first class8-on:compoundable. Section 383. $)tortion Whoever intentionally puts any person in fear of any in ury to that person, or to any other, and thereby dishonestly induces the person so put in fear to deliver to any property or valuable security, or anything signed or sealed which may be converted into a valuable security, commits =extortion>. Illustrations (a) A threatens to publish a defamatory libel concerning * unless * give him money. +e thus induces * to give him money. A has committed extortion. (b) A threatens * that he will keep *s child in wrongful confinement, unless * will sign and deliver to A promissory note binding * to pay certain monies to A. * signs and delivers the note. A has committed extortion. (c) A threatens to send club:men to plough up *s field unless * will sign and deliver to / bond binding * under a penalty to deliver certain produce to /, and thereby induces * to sing and deliver the bond. A has committed extortion. (d) A, by putting * in fear of grievous hurt, dishonestly induces * to sign or affix his seal to a blank paper and deliver it to A. * signs and delivers the paper to A. +ere, as the paper so signed may be converted into a valuable security. A has committed extortion. Section 38*. Punishment for e)tortion Whoever commits extortion shall be punished with imprisonment of either description for a term which may extend to three years, or with fine or with both. CL SSI!IC TI"# "! "!!$#C$ 6unishment8,mprisonment for # years, or fine, or both82ogni9able8-on:bailable8'riable by any ;agistrate8-on:compoundable. Section 38+. Putting person in fear of in,ur- in order to commit e)tortion Whoever, in order to the committing of extortion, puts any person in fear, or attempts to put any person in fear, of any in ury, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

CL SSI!IC TI"# "! "!!$#C$ 6unishment8,mprisonment for " years, or fine, or both82ogni9able8/ailable8'riable by any ;agistrate8-on:compoundable. Section 38.. $)tortion b- putting a person in fear of death or grie/ous hurt Whoever commits extortion by putting any person in fear of death or of grievous hurt o that person or to any other, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. CL SSI!IC TI"# "! "!!$#C$ 6unishment8,mprisonment for 11 years and fine82ogni9able8-on:bailable8'riable by ;agistrate of the first class8-on:compoundable. Section 387. Putting person in fear of death or of grie/ous hurt' in order to commit e)tortion Whoever, in order to the committing of extortion, puts or attempts to put any person in fear of death or of grievous hurt to that person or to any other, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. CL SSI!IC TI"# "! "!!$#C$ 6unishment8,mprisonment for < years and fine82ogni9able8-on:bailable8'riable by ;agistrate of the first class8-on:compoundable. Section 388. $)tortion b- threat of accusation of an offence punishable &ith death or imprisonment for life' etc. Whoever commits extortion by putting any person in fear of an accusation against that person or any other, of having committed or attempted to commit any offence punishable with death, or with 0?imprisonment for life@, or with imprisonment for a term which may extend to ten years or of having attempted to induce any other person to commit such offence, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine! and, if the offence be one punishable under section #<< of this 2ode, may be punished with 0?imprisonment for life@. CL SSI!IC TI"# "! "!!$#C$ 6unishment8,mprisonment for 11 years and fine82ogni9able8/ailable8'riable by ;agistrate of the first class8-on:compoundable. Section 389. Putting person in fear of accusation of offence' in order to commit e)tortion Whoever, in order to the committing of extortion, puts or attempts to put any person in fear of an accusation, against that person or any other, of having committed, or attempted to commit an offence punished with death or with 0?imprisonment for life@, or with imprisonment for a term which may extend to ten years, shall be punished with imprisonment of either

description for term which may extend to ten years, and shall also be liable to fine! and, if the offence be punished under section #<< of this 2ode, may be punished with 0?imprisonment for life@. CL SSI!IC TI"# "! "!!$#C$ Para I 6unishment8,mprisonment for 11 years and fine82ogni9able8-on:bailable8'riable by ;agistrate of the first class8-on:compoundable. Para II 6unishment8,mprisonment for life82ogni9able8/ailable8'riable by ;agistrate of the first class8-on:compoundable. Section 39%. 1obber,n all robbery there is either theft or extortion. 2hen theft is robber-.8'heft is =robbery> if, in order to the committing of the theft, or in committing the theft, or in carrying away or attempting to carry away property obtained by the theft, the offender, for that end, voluntarily causes or attempts to cause to any person death or hurt or wrongful restraint, or fear of instant death or of instant hurt, or of instant wrongful restraint. 2hen e)tortion is robber-.8Extortion is =robbery> if the offender, at the time of committing the extortion, is in the presence of the person put in fear, and commits the extortion by putting that person in fear of instant death, of instant hurt, or of instant wrongful restraint to that person or to some other person, and, by so putting in fear, induces the person so put in fear then and there to deliver up the thing extorted. Explanation 'he offender is said to be present if he is sufficiently near to put the other person in fear of instant death, of instant hurt, or of instant wrongful restraint. Illustrations (a) A holds * down and fraudulently takes *s money and ewels from *s clothes without *s consent. +ere A has committed theft, and in order to the committing of that theft, has voluntarily caused wrongful restraint to *. A has therefore committed robbery. (b) A meets * on the high roads, shows a pistol, and demands *s purse. * in conse%uence, surrenders his purse. +ere A has extorted the purse from * by putting him in fear of instant hurt, and being at the time of committing the extortion in his presence. A has therefore committed robbery. (c) A meets * and *s child on the high road. A takes the child and threatens to fling it down a precipice, unless * delivers his purse. *, in conse%uence delivers his purse. +ere A has extorted the purse from *, by causing * to be in fear of instant hurt to the child who is there present. A has therefore committed robbery on *.

(d) A obtains property from * by saying8=Aour child is in the hands of my gang, and will be put to death unless you send us ten thousand rupees>. 'his is extortion, and punishable as such! but it is not robbery, unless * is put in fear of the instant death of his child. C"33$#TS ,n order that theft may constitute robbery, prosecution has to establish8 (a) if in order to the committing of theft! or (b) in committing the theft! or (c) in carrying away or attempting to carry away property obtained by theft! (d) the offender for that end i.e. any of the ends contemplated by (a) to (c)! (e) voluntarily causes or attempts to cause to any person death or hurt or wrongful restraint or fear of instant death or of instant hurt or instant wrongful restraint. ,n other words, theft would only be robbery if for any of the ends mentioned in (a) to (c) the offender voluntarily causes or attempts to cause to any person death or hurt or wrongful restraint or fear of instant death or of instant hurt or instant wrongful restraint. ,f the ends does not fall within (a) to (c) but, the offender still causes or attempts to cause to any person death or hurt or wrongful restraint or fear of instant death or of instant hurt or instant wrongful restraint, the offence would not be robbery. 'hat (a) or (b) or (c) have to be read con unctively with (d) and (e). ,t is only when (a) or (b) or (c) co:exist with (d) and (e) or there is a nexus between any of them and (d), (e) would amount to robbery! .tate of ;aharashtra v. 4oseph ;ingel Boli, (177<) " 2rimes ""C (/om). Section 390. 4acoitWhen five or more persons con ointly commit or attempt to commit a robbery, or where the whole number of persons con ointly committing or attempting to commit a robbery, and persons present and aiding such commission or attempt, amount to five or more, every person so committing, attempting or aiding, is said to commit =dacoity>. C"33$#TS 4acoit- 5 4efined When robbery is either committed or an attempt to commit it is made by five or more persons then all such persons, who are present or aiding in its commission or in an attempt to commit it, would commit the offence of dacoity! .tate of ;aharashtra v. 4oseph ;ingel Boli, (177<) " 2rimes ""C (/om). Section 39(. Punishment for robberWhoever 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. CL SSI!IC TI"# "! "!!$#C$

Para I 6unishment80igorous imprisonment for 11 years and fine82ogni9able8-on:bailable8 'riable by ;agistrate of the first class8-on:compoundable. Para II 6unishment80igorous imprisonment for 1$ years, and fine82ogni9able8-on:bailable8 'riable by ;agistrate of the first class8-on:compoundable. Section 393. ttempt to commit robberWhoever attempts to commit robbery shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine. CL SSI!IC TI"# "! "!!$#C$ 6unishment80igorous imprisonment for < years and fine82ogni9able8-on:bailable8 'riable by ;agistrate of the first class8-on:compoundable. Section 39*. 6oluntaril- causing hurt in committing robber,f any person, in committing or in attempting to commit robbery, voluntarily causes hurt, such person, and any other person ointly concerned in committing or attempting to commit such robbery, shall be punished with 0?imprisonment for life@, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine. CL SSI!IC TI"# "! "!!$#C$ 6unishment8,mprisonment for life, or rigorous imprisonment for 11 years and fine8 2ogni9able8-on:bailable8'riable by ;agistrate of the first class8-on:compoundable. Comments Ingredients -ot only the person who actually causes hurt but an associate of hisDher would e%ually be liable for the mischief contemplated by this section! .hravan Eashrath Earange v. .tate of ;aharashtra, (177<) " 2rimes $< (/om). Section 39+. Punishment for dacoitWhoever commits dacoity shall be punished with 0?imprisonment for life@, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine. CL SSI!IC TI"# "! "!!$#C$ 6unishment8,mprisonment for life, or rigorous imprisonment for 11 years and fine8 2ogni9able8-on:bailable8'riable by 2ourt of .ession8-on:compoundable. Comments 2itness

Where the presence of informant and other witnesses at the time and place of incident was established and their positive evidence regarding the way in which the dacoity was committed found reliable having no previous enmity with accused, no case of false implication established therefore, conviction of accused under section #7& was ust and proper! 2hhedu v. .tate of Fttar 6radesh, "111 2r 34 <C (All). Section 39.. 4acoit- &ith murder ,f any one of five or more persons, who are con ointly committing dacoity, commits murder in so committing dacoity, every one of those persons shall be punished with death, or 0 ?imprisonment for life@, or rigorous imprisonment for term which may extend to ten years, and shall also be liable to fine. CL SSI!IC TI"# "! "!!$#C$ 6unishment8Eeath, imprisonment for life, or rigorous imprisonment for 11 years and fine8 2ogni9able8-on:bailable8'riable by 2ourt of .ession8-on:compoundable. C"33$#TS Ingredients When prosecution failed to establish any nexus between death and commission of dacoity charge under section #75 will fail! Wakil .ingh v. .tate of /ihar, (17C1) /34 $5". ,n circumstantial evidences utter importance is of linking of chain, as soon as the chain of link is broken, the value of circumstantial evidence gets reduced! .tate v. 3akshmisher Eas, 1777 2r 34 "C#7 (Bant). Punishment Gn considering special facts of the case, i.e., the age of accused persons and their status in life as also their antecedents, sentence of 11 years in place of sentence of life imprisonment would meet the ends of ustice! B.;. ,brahim alias /ava v. .tate of Barnataka, "111 2r 34 17< (Barn). When it is evidentially proved that accused were participating in loot and murder during transaction of offence, each of them is liable to be punished under section #75! Bunwar 3al v. .tate of ;adhya 6radesh, 1777 2r 34 #5#" (;6).