Introduction: The Chapter XVII consisting of 85
sections (378 to 462 B). The basic element of this chapter is dishonestly. The
intention of dishonesty is to wrongful gain which causes losses to another.
This dishonestly is exercised is different cases. Like_
1. Theft (178 to 389)
2. Extortion (383 to 389)
3. Robbery (390 to 394, 40)
4. Docoity (391,395 to 400,402)
5. Criminal misappropriation (403 to 404)
6. Criminal Branch of trust (405 to 409)
7. Receiving stolen property (410 to 414)
8. Cheating(415 to 420)
9. Fraudulent deeds (421 to 424)
10. Mischief (425 to 440)
11. Criminal trespass (441 to 462)
Section378:
Theft
Whoever, intending to take dishonestly any
moveable property out of the possession of any person without that person's
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
moveable property, is not the subject of theft; but it becomes capable of being
the subject of theft as soon as it is severed from the earth.
Explanation 2:-A moving effected by the same act which effects the
severance may be a theft.
Explanation 3:-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 4:-A person, who by any means causes an animal to move, is
said to move that animal, and to move everything which, in consequence of the
motion so caused, is moved by that animal.
Explanation 5:-The 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.
Section analysis:
The definition of theft u/s
378 indicates 5 ingredients. These are necessary to commit the offence
of theft.
i) Dishonest
intention to take property:-
For the offence of theft the accused had dishonest intention. He did not take
the thing as a bonfire claim on night.
·
A,
in good faith, believing property belonging to? To be A’s own property, takes
that property out of B,s possession. Here a does not take dishonestly. So, he
does not commit theft.
ii) The property
must be movable:As
immovable property cannot be subject matter of theft. A thing so long it is
attached to the earth, is not subject matter of theft but as soon as it is
severed from the earth then that is subject matter of theft.
Water running freely from a river though a channel made and
maintained by a person cannot be subject of theft, (35 c. 437) running water in irrigation channels is a subject matter
of theft (1912 M.W.N 119).
A human body weather living on dead is not movable property a
cannot be subject of theft (25A. 129)
(iii) Without
consent:The
stolen thing must have taken without the concert of the person in possession of
it. Consent may be express on implied given consent to the taking of a thing no
offence U/S 379 is committed. A
consent obtained by force in on consent.
(iv) Out of the
possession of another: It is an important ingredient of the offence is that the movable
property which is the subject matter of theft should have been moved out of the
possession of any person without his consent [1979 CrLJ 1193].
(V) Moving property
to such taking:
Theft is complete the moment a thing is moved even though the thing may yet be
for from passing into theft possession.
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.
Presumption of law: U/S
114, the illustration a of
the Evidence Act, 1872 a person in
possession of stolen goods soon after the theft on receiver of stolen property.
[1987
Cn.LJ 857cal]
Section-380: Theft in dwelling-house,
etc.
Whoever
commits theft in any building, tent or vessel, which building, tent or vessel
is used as a human dwelling, or use 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.
Section analysis:
This section provides for punishment of theft of property is
committed in a building, tent on vessel. [1979 CrLJ. 446]
Theft in building: Building in this section means some
structure of protection to the persons dwelling inside it on of protection for
the property placed there for custody. A structure of fencing on other means of
merely preventing ingress on egress is not a building under this section (s-181).
Section-381: Theft by clerk or
servant of property in possession of master
Whoever
being a clerk or servant, or being employed in the capacity of a clerk or
servant, commits theft in respect of any property in the possession of his master
or employer, shall be punished with imprisonment of either description for a
term which may extend to seven years, and shall also be liable to fine.
Section analysis:
This section deals with theft by Clark on servant, this
section is not applicable in this case. Then Section-408 will apply. (Criminal breach of trust)
A Clark on servant is a person bound either by express
contract of service on by conduct implying such a contract to obey the order.
A person not under of this master on employer in dishonest of
his duty, can not be said a Clark on servant of such master on employer.
An unpaid apprentice
is a Clark on servant within this section [3 CrLJ 70]
Hired boatman not Clark on servant.
Where there were only five accused who committed the dacoity
and out of five two were acquitted holding that only three took part in the
offence, it was held that remaining three could not be convicted of dacoity, as
the offence of dacoity could not be committed by less than five persons.[
Queen empress v. Ram Bara].
Section-382: 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
Theft after
preparation made for causing death, hurt or restraint, in order to the
committing of the theft under section 382 of Penal Code 1860
An accused cannot be convicted under this section unless
there is proof of actual theft for which he was present at the scene of
occurrence. The guilty preparation is the essence of this offence. If however,
hurt is attempted or actually inflicted the theft would amount to robbery. If
one keeps a knife with him and commits theft he may be liable for conviction
for the offence under this section even though there was no occasion for him to
wield the knife or cause injury.
It is important to note that mere preparation by a thief to
cause harm indicated in the section is enough to bring him under the purview of s 382. It is neither necessary nor
required under the section that hurt be caused or attempted to be caused. But
if he, while committing theft, causes hurt, he becomes liable for committing
robbery.
Section 382 is
distinguished from that of robbery. If the accused goes beyond the preparation stage and actually causes
hurt, injury, then it will amount to an offence of robbery. But, if it stops
with preparation and the accused does not go beyond it, even if it was because
there was no necessity to cause violence then it will be covered by this
section.
Definition Of Extortion
Extortion is the crime of obtaining money or property by
threat to a victim's property or loved ones, intimidation, or false claim of a
right.In another word, Extortion is a crime in which one person forces
another person to do something against his will, generally to give up money or
other property, by threat of violence, property damage, damage to the person’s
reputation, or extreme financial hardship. Extortion involves the victim’s
consent to the crime, but that consent is obtained illegally.
It can be said that offence of
the theft and extortion are offence against property.Extortion is an offence
which occupies a middle place between theft and robbery as a element of force
is present in this offence which is missing in the offence of the theft.
PENAL
CODE 1860 DEFINES EXTORTION UNDER SECTION 383.
Whoever intentionally puts any person in fear of any injury
to that person, or to any other, and thereby dishonestly induces the person so
put in fear to give donation or subscription of any kind or to deliver to any
person 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 Z unless Z gives him
money. He thus induces Z to give him money. A has committed extortion.
Essential
ingredients of extortion
From the above description of Extortions per section
383 on thePenal Code it
can be inferred that the offence of extortion must have following
essential ingredients—
1. Intentionally putting a person in fear of injury,
2. The purpose of which is to dishonestly induce the person put in
fear,
3. To deliver property or valuable security to any person.
1. Intentionally putting a person in fear of injury
One of the
necessary ingredients of the offence of extortion is that the victim must
be induced to deliver to any
person any property or
valuable security etc. under of injury. The fear must be of such nature and
extent as to unsettle the mind of the person on whom it operates, and takes
away from his acts the element of free voluntary action which alone constitutes consent.
Here the wide
interpretation of injury must be kept in mind in respect to section 44 of Penal Code 1880 which is as follows........
The word injury denotes
any harm whatever illegally caused to any person,in body, mind, reputation or
property.
The above section therefore ascribes to the description and
nature of injury being against property, injury whether physical or mental
or against the goodwill of a person which may cause distress.
Case reference
State v. Basavegowda 1997 CrLJ 4386
Here the husband, the accused took his wife to a forest and
obtained her ornaments under threats to kill to kill her. The ornaments
were subsequently recovered from him. Since these essential ingredients
constituting the offence of extortion, putting a person in fear of injury
i.e.the threat to kill was present in the above mentioned case therefore the
accused was held guilty under the offence of extortion under s.383 of the Penal Code (1860).
2. The purpose of
which is to dishonestly induce the person put in fear
Another chief element or ingredient of the extortion is
that the inducement must be dishonest. Delivery by person put in fear is
essential in order to constitute the offence of extortion. The offence of
extortion is not complete until there is actual delivery of the possession
of the property of the person put in the fear and there is wrongful loss.
The delivery of property is as distinct from taking away property is
of essence of the matter in extortion. Where there is no delivery of property,
but the person put in fear of injury offers no résistance to carrying of the
property, the offence is of robbery instead of extortion. Then again
immovable objects may also become the subject matter of extortion in as
much as the offence of extortion consists in inducing a person put in fear to
deliver to deliver valuable security or anything signed or sealed which can be
converted into valuable security.
Illustration
A, by putting Z in fear of injury, dishonestly induces Z to
sign or affix his seal to a blank paper and deliver it to A. Z signs and
delivers the paper to A. Here as the paper so signed maybe converted into a
valuable security. A has committed extortion
3. To deliver
property or valuable security to any person
It is not necessary that a threat should be should be used
and property received, by one and same individual. It may be a matter of
arrangement between several persons that the threats should be used by
some and the property received by others. Hence all people involved in such
arrangement would be guilty of the commission of the offence of extortion.
Punishment for
extortion under section 384 of Penal Code1860
Whoever commits extortion shall be punished with imprisonment
of either description for a term which may extend to three years, or withfine,
or with both.
Putting person in
fear of injury in order to commit extortion under section 385 of Penal Code1860
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 fourteen years and shall not be less than five years], or
with fine,
or with
both.
DIFFERENCE BETWEEN
THEFT AND EXTORTION
1 Consent
In extortion, consent is obtained by putting the person in
possession of property in fear of property in fear of injury to himself or any
other person.
In theft, the offender’s intention is to take the property
without the owner’s consent.
There is no element of force in theft.
2 Property
In Extortion , both moveable and immoveable property may be
the subject of the offence. In theft it is limited only to moveable property.
3 Element Of Force
There is element of force in the offence of extortion as the
property is obtained by putting a person in fear ofinjury to that person or any
other.
There is no element of force in theft
4 Scope
Extortion is wider in scope as it coved any kind of property,
valuable security or anything that may be converted into valuable security.
Theft covers only the cases of moveable property
5 Taking Of Property
In extortion, threat may be by one person and the property
may be received by another person.
In theft, property must be move by person in order to such taking
6 Effect
In extortion, the property is delivered.
In theft, there is dishonest removal of property.
Section-386: Extortion
putting a person in fear of death or grievous hurt
Whoever
commits extortion by putting 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 ten years, and shall also be liable
to fine.
Section analysis:
The commission of extortion by putting any person in the fear
of death or grievous hurt is an essential condition for the application of this
section.the extortion puts the person or any other person in fear of death or
of grievous hurt. The extortioner did so intentionally. The extortioner induced
the person so put in fear to deliver to him or some other some property or
valuable security or something signed or sealed which was convertible to
valuable security.the punishment which is prescribed under this section is with
imprisonment of either description for a term which may extend to ten years and
shall also be liable to fine.
Case reference
If the fear caused is that of death or of grievous hurt it
naturally causes great alarm. When a boy is kidnapped and the ransom letters
disclosed to put the father of the boy into fear of the boy being murdered in
case the ransom money is not paid the extortioner will be guilty of section 386.[48
DLR 269]
Section 387
Putting person in fear of death or of grievous hurt, in order to commit extortionWhoever, 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
for
life and shall not be less than seven years, and shall also be liable to fine.
Section analysis:
This section may be read with sections 46 and 320 of the
penal code this section provides for punishment of an extortion which remained
incomplete and resulted on any in the stage of an attempt. The very act of
putting a person in fear of death or grievous hurt is by itself an offence
under this section where it is done in order to commit extortion. The words “in order to” import intention. two
condition must be fulfilled for the application of this section
I.
The
extortion put or attempted to put some person in fear of death or grievous
hurt.
II.
The
extortioner did so intentionally.
The punishment which is prescribed under this section is with
imprisonment for life and shall not less than seven years and shall also be
liable to fine.
Case reference:
Accused took active part in abducting a victim with a view to
extort ransom. No ground for reducing sentence of
Section 388:
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 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.
Section analysis:
The aggravating circumstance under this section is threat of
an accusation of an offence punishable with death or imprisonment for life or
with imprisonment for ten years. If the accusation is of unnatural offence then
the penalty provided is severer that is the imprisonment for life. The
extortioner put the complainant in fear of an accusation of an offence
punishable with death or imprisonment for life, an attempt to commit the above
offence or the abetment of the same. The extortioner did the act intentionally
and dishonestly.
Case reference:
The term “to accuse”
means to charge a person before any third person. The threat to accused need
not be a threat to accuse before a judicial tribunal, a threat to charge him
before any third person is sufficient [ (1849) 3 Cox Cric547]
Section 389
Putting person in fear of accusation of offence in order to commit extortion. 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 punishable with
death or with 2[ imprisonment] for life, or with imprisonment for a term which
may extend to ten years, 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 punishable under section 377 of this Code, may
be punished with 3[ imprisonment] for life.
Section analysis:
The essential conditions for the application of this section
are that the extortioner puts or attempts to put a person in fear. The fear was
of an accusation of having committed or attempted to commit an offence such
offence was punishable with death, imprisonment for life or imprisonment for at
least ten years. He did so in order to commit extortion and the accusation was
of an unnatural offence.
The punishment which is prescribed for the offence under this
section in with imprisonment of either description for the a term which may
extend to ten years and shall also be liable to fine if the offence be
punishable under section 377 of this code may be punished with imprisonment for
life.
section-390 Robbery: In all robbery there is either theft or extortion
Section analysis:
According to the
section 390 of penal code, In all robbery there is either theft or extortion.
So there is no exact definition of robbery in penal code. There are some
circumstances when the theft or extortion can be treated as robbery. So it is a
question of fact.
Robbery is the crime of taking or attempting to take anything
of value by force, threat of force or by putting the victim in fear. At common
law, robbery is defined as taking the property of another with the intent to
permanently deprive the person of that person of that properly, by means of
force or fear.
When theft is
robbery:Theft is
“robbery”, if, in order to the committing of 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.
When extortion is
robbery:Extortion
is robbery if the offender, at the time 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, instant hurt or of instant wrongful restraint
to that person, or to some other person, and by so putting in fear, in duces
the person so put in fear then and there to deliver up the thing extorted. The
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.
To establish the allegation of robbery under this section the
hereinafter ingredients must be fulfill_
1. Must be committed theft or extortion.
2. Carry away or attempting to carry away properly.
3. Voluntarily causes or attempts to cause to any person
death, hurt or wrongful restraint.
4. Fear of instant death, hurt or wrongful restraint.
So unlawful taking away of goods or property by force or
intimidation, with the intention of permanently depriving the owner of those
items are called robbery.
Difference between
theft and robbery
There are some difference between theft robbery these are
given below_
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Theft
|
Robbery
|
|
a) Section 378 of
the penal code state the provision of theft.
b) In the cases of
theft one person is enough to commit this offence.
c) There is no
necessity of extortion here.
d) In the case of
theft, without the consent of the legal owner of the concern property is
transferred.
e) Whoever commits
theft shall be punished with imprisonment of either description for attempt
which may extend to three years or with fine, or with both.
(sec-379)
|
a) Section 390 of
the penal code sates the provision of Robbery.
b) In the codes of
Robbery, The offender may be one or two boot not more than four.
c) In this case,
committing theft or, attempting to carry away property, the offender or
offenders must be violent.
d) In the case of
robbery, by putting in fear, induces the person so put in fear then and there
to deliver up the property.
e) 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 sun rise, the imprisonment may be extended to
fourteen years. (sec-392)
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Section- 391
Dacoity: 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
"dacoity".
Section analysis:
Section 391 of the penal codes state that the definition of
dacoity includes attempt to commit dacoity.Further,dacoity furnishes another
instance of constructive liability, inasmuch as if any one of five or more
persons, who are conjointly committing dacoity, every one of those persons
shall be punished with death or transportation for life, or rigorous
imprisonment which may extend to 10 years and also fine.
Ingredients: The ingredients of the offence of
dacoity are:
a) five persons attempting to commit robbery, or
b) five persons committing robbery, or
c)one person committing robbery and plus four persons present
and aiding in its commission etc.[Queen Empress V Ram Baran.]
Difference between
robbery and dacoity
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Robbery
1.Definition
Robbery is the crime of taking or attempting to take anything of value by
force, threat of force or by putting the victim in fear.
2. Nature:
In every robbery there is either theft or extortion.
3.commission:
In robbery there may not be conjoint commission.
4.elements:Theft,
extortion, cause or attempt to cause of death hurt or wrongful restraint or fear
of death or wrongful restraint are the elements of robbery.
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Dacoity
1. Definition: 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 is called dacoity.
2. Nature:
In dacoity number of offenders is commendable matter. It is conjoint
commission of robbery by 5 or more persons.
3.commission:
But in docoity must be conjoint commission of 5 or more person.
4.elements:
But five or more person conjoint commission of robbery are the elements of
docoity.
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Section-392: 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.
Section analysis: this section states about punishment
about robbery. There are several punishments for committing robbery these are—
I.
Maximum 10 years rigorous
imprisonment, or
II.
Liable to fine, or
III.
Maximum fourteen years
imprisonment.
Section-393: Attempt to commit
robbery
Whoever
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.
Section- 394:
Voluntarily causing hurt in committing robbery
If any
person, in committing or in attempting to commit robbery, voluntarily causes
hurt, such person, and any other person jointly concerned in committing or
attempting to commit such robbery shall be punished with imprisonment for life,
or with rigorous imprisonment for a term which may extend to ten years, and
shall also be liable to fine.
Essential ingredients
of this section :
1. The accused committed or attempted to
commit robbery.
2. That accused voluntarily caused hurt.
This section prescribe the punishment for voluntarily causing
hurt in committing robbery.
Section-395:Punishment
for dacoity
Whoever
commits dacoity shall be punished with imprisonment for life, or with rigorous
imprisonment for a term which may extend to ten years, and shall also be liable
to fine.
Section analysis:
This section prescribes the punishment for simple dacoity.
When the person commits dacoity,shall be punished under this section. When the
accused commit dacoity as well as causesdeath, he shall be punished under
another section 396.
Section-396: 396.
Dacoity with murder
If any
one of five or more persons, who are conjointly committing dacoity, commits
murder in so committing dacoity, every one of those persons shall be punished
with death, or imprisonment for life, or
rigorous imprisonment for a term which may extend to ten years, and shall also
be liable to fine.
Essential ingredients
of this section:
1. The dacoity must be committed.
2. There must be fine or more person
conjointly committed dacoity.
3. One of them committed murder.
4. The murder was committed during the
commission of dacoity.
Case reference:
It was held in the case of Kalika Tiwari vsVijayBahadurRai
that where the murder was committed by one or more of the accused person only
,it was not necessary to prove that shared a common object on common intention.
Every one of them was liable to be punished under the section though all of
them had not participated in the murder. [AIR 1997 SC 2186]
Section-397:
Robbery or dacoity, with attempt with attempt to cause death or grievous
hurt
If, at
the time of committing robbery or dacoity, the offender uses any deadly weapon,
or causes grievous hurt to any person, or attempts to cause death or grievous
hurt to any person, the imprisonment with which such offender shall be punished
shall not be less than seven years.
Section analysis:
This section does not create a substantive offence but only
regulate the punishment awarded under section
397 prescribing a minimum – Akmal Ali, AIR 1957 Tripura.
Section-398:
Attempt to commit robbery or dacoity when armed with deadly weapon
If, at
the time of attempting to commit robbery or dacoity, the offender is armed with
any deadly weapon, the imprisonment with which such offender shall be punished
shall not be less than seven years.
Section analysis:
This section does not relate to a substantive offence. It is
applicable only to the case of an attempt to commit robbery and has no
application to a case in which robbery has actually been committed. To attack
section 398,it is not necessary that the offender must show the use of weapon.
This section punishes only the person armed with deadly weapon in attempting to
commit robbery or dacoity not others so compromising the gang. But what is
deadly weapon is matter of fact. Dishonest intention is necessary to prove
before the accused can be convicted under this section – [1912 Cr.LJ 864]
Section-399:
Making preparation to commit dacoity
Whoever
makes any preparation for committing dacoity, shall be punished with rigorous
imprisonment for a term which may extend to ten years, and shall also be liable
to fine.
Section analysis:
This section makes preparation to commit dacoity,punishable
under the code “preparation to commit an offence” in three cases—
I.
Preparation
to wage war against the Govt. of Bangladesh – section 122
II.
Preparation
to commit depredation on territories of power at peace with the Govt. of
Bangladesh – section 126
III.
Preparation
to commit dacoit – section 399
No hard and fast rule can be laid down that any particular
act or steps towards the commission of an offence are necessary to constitute
preparation. Actually, the proof of an offence under this section is mainly a
question of inference from facts. The essential thing is thing is that the
prosecution must show that there were persons who had conceived the design of
committing dacoity.
Section-400:
Punishment for belonging to gang of dacoits
Whoever,
at any time after the passing of this Act, shall belong to a gang of persons
associated for the purpose of habitually committing dacoity, shall be punished with
imprisonment for life, or with rigorous imprisonment for a term which may
extend to ten years, and shall also be liable to fine
Section analysis:
This section provides for punishment of those who belong to a
gang of persons who make it their business to commit dacoity.Its object is to bark
of gangs of dacoity by punishing persons associated for purpose of committing
dacoity. The meaning of the word “gang”
in this section is that the persons who act in consent. For proving under this
section,it must be established that
a) There was gang of committing dacoity.
b) The accused belong to the gang – [
1972, ICMLR 149 ]
Section-401:
Punishment for belonging to gang of thieves
Whoever,
at any time after the passing of this Act, shall belong to any wandering or
other gang of persons associated for the purpose of habitually committing theft
or robbery, and not being a gang of thugs or dacoits, shall be punished with
rigorous imprisonment for a term which may extend to seven years, and shall
also be liable to fine.
Section analysis:
The principle enunciated in the last section is extended in
this section to a gang of thieves or robbers. It convince the notation of
continuity and more or his continued association of the accused with the gang.
The common purpose of the gang must be habitual commission of either theft or
robbery. [1981 CrLJ mad 36]
Section-402:
Assembling for purpose of committing dacoity
Whoever,
at any time after the passing of this Act, shall be one of five or more persons
assembled for the purpose of committing dacoity, shall be punished with
rigorous imprisonment for a term which may extend to seven years, and shall
also be liable to fine.
Section analysis:
In certain circumstances, an assembly itself may amount to a
preparation. An unlawful assembly of persons meeting for a common purpose to
commit dacoity is subject to sever punishment provided in this section even no
step is taken in the prosecution of the common object. It must be shown that
the association was for the purpose of committing dacoity. [1978 CrLJ 877]
Section 399 and 402 involve similar ingredients. The vital
point which is to be proved to convict under this section is the purpose of the
assembly was to commit dacoity.
Section-403:
Dishonestly misappropriation of property
Whoever
dishonestly misappropriates or converts to his own use any moveable property,
shall be punished with imprisonment of either description for a term which may
extend to two years, or with fine, or with both.
Section analysis:
The essence of the offence or criminal misappropriation is
theft the property of another person comes into the possession of the accused
in some neutral manner and is misappropriated or converted to his own use by
the accused. To convict an accused,the following must be established—
I.
The
movable property belonged to the complainant.
II.
The
accused converted the same dishonestly to his own use and misappropriated that
property.
There should be an intention of wrongful gain which amount to
dishonestly.[35 CrLJ 982]
Section-404:
Dishonestly misappropriation of property possessed by deceased person at the
time of his death
Whoever
dishonestly misappropriates or converts to his own use property, knowing that
such property was in the possession of a deceased person at the time of that
person's decease and has not since been in the possession of any person legally
entitled to such possession, shall be punished with imprisonment of either
description for a term which may extend to three years and shall also be liable
to fine; and if the offender at the time of such person's decease was employed
by him as a clerk or servant, the imprisonment may extend to seven years.
Section analysis:
This section actually provides protection
to the property of deceased,until and unless the property is under the
personals who is legally entitled to hold that property, and if the accused was
employed as clerk or servant,then this section enhanced the punishment. However
the provisions of 403 and 404, more or less, are same.
Book reference:
Dr. L.Kabir -- Lecture on the Penal Code.
Ratanlal and Dhirajlal -- The Penal Code.
ZahurulHuq -- Penal Code.
A.A.M.Moniruzamman -- Penal Code.
Submitted by:
MashukRabbana------------13029032
Biswanath
Dutta-------------13049088
Md. Tarikul
Islam------------13069105
Ripon
Chattarjee-------------13099096
Md. Moznu
Mia--------------13039047
Md. RahmatSarker---------
13109016
