SECTION 379

Overview: Section 378 defines the offence of Theft, whereas, section 379 IPC prescribes punishment for theft.

Meaning of Theft: Theft, as defined under section 378 is the “dishonest removal and taking of movable property out of the possession of any person without his consent.” It is an offence against possession and not against ownership.

Ingredients of Section 379 IPC: To constitute the offence of theft, the following ingredients are required –

1.      The accused must have a dishonest intention to take the property.

2.      The property must be moveable

3.      The property must be taken out of the possession of another person, resulting in wrongful gain by one and wrongful loss to another;

4.      The property must be moved in order to such taking, which results in obtaining property by deception; and

5.      Taking must be without that person’s consent (either express or implied).

Punishment for Theft under Section 379 IPC: This section provides for punishment to any person who commits theft. It says that he shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

Some exceptions of Section 379 IPC:

1.      Theft of electricity is not a theft of movable property within the ambit of section 378 of the IPC. However, it is punishable under section 135 of the Electricity Act 2003.

2.      The human body, whether living or dead (except mummified or dead bodies preserved in scientific institutions or medical colleges), is not subject to theft.

 Illustration:

1.      Tanay takes away a moveable property out of Rahul’s possession without his consent, Tanay is said to have committed the offence of theft and shall be liable for punishment under the purview of sec. 379 Indian Penal Code.

2.      Neha, while travelling on bus tears the seat covers when the conductor demanded a fare. Here Neha X is guilty of committing mischief. The reason being paying for the bus fare was the implied consent of the person when he boarded the bus. Not paying the fare and damaging property that causes loss to another person makes the Neha liable for committing mischief and not theft.