Offences against property

Md. Shahenoor

Senior District and Sessions Judge (Rtd)

Introduction

Offences as to its subject matter may be classified into following major classes:

1) Offences against person

2) Offences against property

Again offences against property may be classified into movable and immovable property and intellectual
property.

Our today’s discussion will be confined in offences against movable and immovable property.

In English Law we may find series of names which may be identified as Crime against property. Those
are:

1) Arson
2) Burglary
3) Larceny
4) Vandalism
5) Forgery
6) Trespassing
7) Criminal misappropriation
8) Dacoity
9) Embezzlement/misappropriation
10) Property crimes
11) Receiving stolen property
12) Shoplifting
13) Criminal damage
14) Entering dwelling
15) Financial crimes
16) Robbery
17) Theft
18) Extortion
19) Mischief
20) Robbery and decoity
21) Cheating fraudulent deeds and disposition of property.etc
Offences against property under Chapter XVII of The Penal Code

Promulgator of the Code has arranged the chapters in a much synchronized way.
Short History of the code
This law was codified after the Sepoy mutiny in 1857.The British Administrator promulgated
several law forming special commission for it.Among those, Indian Penal Code was one. This
Code basically included different kinds of offences their definitions and punishment for those
offence as well. This law was introduced and effected for the then British India including present
Bangladesh, Pakistan, India, Singapur, Srilanka and Maloysia .It is the outcome of First Law
Commission of India.
Chapter XVII of the Code includes offences against property.
Section 378 -462 come fall under this chapter.
Offences under this chapter may be classified under following heads:
1) Of theft—section 378-382
2) Of Extortion---section—383-389
3) Of Robbery and decoity ----section-390—402
4) Of Criminal Misappropriation of property-section ---403-404
5) Of Criminal breach of Trust—section—405—409
6) Of the Receiving of Stolen Property—section—410—414
7) Of Cheating—section –415—420
8) Of Fraudulent Deed and Disposition of Property—section—421-424
9) Of Mischief—section—425—440
10) Of Criminal Trespass—section—441-462
11) Of the loss of Property of Banking Company—462A-462B(Penal Code Amendment Act 1991
section 5.)

Theft

Section 378: Ingredients of theft

1) Dishonest intention to take property;
2) the property must be moveable;
3) it should be taken out of possession of another person;
4) it should be taken without the consent of that person;
5) there must be some moving of the property in order to accomplish the taking of it.(Ratanlal)
Moveable property as defined in section 22 of the Code.

Case Law ----1)R vs Morris 1983, English decision of House of Lords, Appropriation in theft
defined,3 WLR 697

2) Qari Habibullah Belali vs Captain Anwar Azim 40 DLR 295 no theft unless moveable property is
moved for being taken out of possession;
 3) Kawsarul Alam vs State 42 DLR (AD) 12,23—section 378 and 403 over payment by cashier of
bank; Not theft but constitute offence of dishonest misappropriation.
4) Shahjahan vs State 27 DLR (AD) 161 Bonafide claim of right to the land...;utting of unriped
paddy claiming bonafide title over the land. Not justified.

animas furandi Subjective and objective state and element of theft

Section 379 –Punishment of theft

Section 380---Punishment of theft in dwelling house.
Section 381----Theft by clerk or servant of property in possession of master or employer.
Section 382----Theft after preparation made for causing death, hurt or restraint in order to
the committing of the theft..

Extortion

Section 383

This offence takes a middle place between theft and robbery.

Ingredients

1) Intentionally putting a person in fear of injury to himself or another;

2) Dishonestly inducing the person in fear to deliver to any person any property or valuable
security.

How is theft different from extortion?

The main difference between theft and extortion is that theft is the act of taking someone else's
property without their consent, while extortion is the act of using force or threat of force to compel
someone to give up their property. Theft relates to moveable property only while extortion includes
both moveable and immoveable property.

Section 384—punishment for extortion

Section 385---putting persons in fear of injury in order to commit extortion and punishment for
it .

Section 386---Extortion by putting person in fear of death or grievous hurt and punishment for it

Section 387---Putting person in fear of death or of grievous hurt in order to commit extortion...

and punishment for it

Section 388---Extortion by threat of accusation of an offence punishable with death or

imprisonment for life,etc.

Section 389---Putting person in fear of accusation of offence in order to commit extortion...

 c) Case Law section 385--- A Motaleb Sikder and others vs State 7 BLC 554........Pendency of
civil suit between the parties presumption of offence committed or not under sec 385;

Negative view

Robbery

Section 390----Theft is ‘robbery’ if, in order to commit theft, or in committing theft , or in

carrying away or attempting to carry away property obtained by theft ,the offender , for that end,
voluntarily causes or attempts to cause death or wrongful restraint ,or fear of instant death or of instant
hurt, or of instant wrongful restraint.

Extortion is robbery if the offender, at the time of committing the extortion, is in presence of
person put in fear, and commits the extortion by putting that person in fear of instant death, or 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 delivery up the thing extorted.

Ingredients of Robbery

1) For committing theft;

2) During commission of theft;
3) In carrying away or attempting to carrying away property by the theft, ----
if the offender----
4) Causes death or attempt to cause death;
5) Causes hurt or attempt to cause hurt;
6) Causes wrongful restraint or attempt to cause wrongful restraint;
7) Causes instant fear of death or of instant fear of hurt or instant fear of wrongful restraint;

Extortion is robbery------
1) the presence of the offender in front (sufficiently near) of the victim;
2) The offender by putting fear of committing death or hurt or wrongful restraint of the
victim or any other person extorts property;
3) Induces the person so put in fear then and there to deliver up the thing extorted.

Section 392---Punishment of robbery Up to 10 years rigorous imprisonment +fine

up to 14 years if robbery committed within sun set and sunrise on the highway.

Section 393---Punishment for attempt to commit robbery up to seven years rigorous

imprisonmeny +fine

Section 394—Punishment for causing hurt in committing robbery of attempt to commit robbery

-------Imprisonment for life, or rigorous imprisonment up to ten years and fine

 What is the difference between robbery and theft?

The presence or absence of violence or intimidation is a crucial element in distinguishing the

two offenses. If a person takes property with violence or intimidation, the crime is
robbery. Without these elements, the crime is theft.

How is theft different from extortion?

The main difference between theft and extortion is that theft is the act of taking someone else's
property without their consent, while extortion is the act of using force or threat of force to
compel someone to give up their property.

Key difference between robbery and extortion.

Extortion is different from the crime of robbery: in robbery, the property is taken against the will
and without the consent of the victim, while in extortion the victim consents, although
unwillingly, to surrender money or property.
Decoity
Section 391---When five or more persons conjointly commit or attempt to commit a robbery, or
where the whole number of persons conjointly 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 “decoity”

Ingredients of Decoity:
1) that robbery has been committed or attempt of robbery has been committed;
2) Five or more persons were involved conjointly in this act;
3) Among them one or more persons committed or attempted to commit robbery.
Section 396---Decoity with murder and its punishment;
section 397---Robbery or decoity with attempt to cause death or grievous hurt and
punishment there under---not less than seven years;
Section 398—Attempt to commit robbery or dacoity when armed with deadly wapon,
punishment not les then seven years;
Section 399----Preparation to commit decoity –punishment up to ten years rigorous
imprisonment with fine;
Section 400---Punishment for belonging to gang of dacoits—life imprisonment—up to ten
years with fine;
Section 401----Punishment for belonging to gang of thieves...upto seven years with fine;
Section 402----Assembling for purpose of committing decoity---up to seven years rigorous
imprisonment;
Case Law------- 1) Akbar Ali Lalu alias Rani vs State 66 DLR 134;Whether four accused can be
sentenced under section 396;Saudi DIplomate Khalaf murder case,
3) State vs Rafiqul Islam 55 DLR 61, conviction order is safe under 302 though charge framed
under section 396 of the Code; conviction under section 302 can safely be awarded though
charge under section 396.
4) Bura Yunus vs State 59 DLR 549......Section 399 and 402—preparation for decoity with arms only
attracts section 399,does not include 402;

What is the difference between theft robbery and dacoity?

Dacoity is the highest form of these offences as it includes theft, extortion and robbery in itself;
hence dacoity cannot be committed unless robbery is committed by five persons and robbery
cannot be committed unless either theft or extortion is committed with the use of force.

Of Crimianl Misappropriation of Property

Section 406 and 420

section 406---Punishment of criminal breach of trust---up to three yeas or with fine or both;

Section 420---Cheating and dishonestly inducing delivery of property....punishment up to seven

years with fine;
Confusion in framing charge under section 406/420
Case Law----
# No charge under section 406/420 in long business transaction—Syed Ali Mir vs Accused
Appellant,42 DLR (AD),page 240; year long business transaction.No criminal liability if some due
remains unpaid.
#Initiation of Criminal case is no bar if Civil suit is pending on selfsame fact ( bank loan matter
partly paid)-----Khondakar Mahtabuddin Ahmed and others,accused appellant vs State 49
DLR(AD) page 132;With charge under anticorruption included.
#Settled principle of law that if the transaction is a business transaction there is no criminal
liability,19 BLD 128;
# If time frame is given for return of payment there is primafeci case of criminal liability------
Arifur Rahman @Bablu appellant vs Shantosh Kumar Sadhu and others respondants --46
DLR(AD) page 180,52 DLR page 530;
# If no promise is given to repay no criminal liability-----13 BLD(AD) page28;
#Taking money upon the promise of securing highly paid job in Abu Dhabi and on failure, denial
to refund---- no civil liability-------Abdur Rahim @ ANM Abdur Rahim petitioner vs Enamul Huq
and others Respondents--43 DLR (AD) page 173
#Normal financial transaction between debtor and creditor does not come within the scope of
any offence----MA Sukkur vs Md.Zahirul Huque,23 BLC (AD) 148;
# Subsequent act to be proved by complainant in support of initial deception ------State vs Md.
Iqbal Hossain and others 48 DLR (AD) 100

.........................................Thank You....................................................................................