Understanding Penal Provisions for Theft in Indian Law

Electricity-Can it be movable of theft-Movable properly-Penal Code, ss. 20 and 367. Electric current is not movable property within the meaning of section 20 of the Penal Code and cannot be the subject of the offence of theft. ... My brother Lyall Grant has pointed out that in India, where the definition of theft and of movable property is the same as in our Code, the difficulty whether electric energy can be the subject of theft has been met by the provision#HL_EN....

That provision does not apply in this case, because the accused person is not under that age, but is an adult. The only other provision authorizing the Police Court to inflict lashes is that contained in Ordinance No. 4 of 1891. ... - In this case the accused was convicted of the offence of theft of a bull under section 368 of the Penal Code. The Magistrate sentenced him to six months' rigorous imprisonment and to receive twenty strokes with a rattan. ... A Police Court has no jurisdiction, except where the offen....

On appeal from this conviction, the accused's counsel contended that the accused, having been tried and punished under the provisions of the Forest Ordinance, could not be tried or punished under the Penal Code, by reason of the provision in section 8 of the 1 (1913) 16 N. L. ... There a Post Office peon while employed as such in the General Post Office committed theft of a " postal article. " He was convicted under section 370 of the Penal Code, that is, of theft, while being a servant, of prope....

punishable under Section 369 of the Penal Code. ... One point on which the Regulation differs from the Section of the Penal Code relating to theft and dishonest retention of stolen property is that dishonesty is not an element in the Regulation. ... Gomez & Co., commit theft of seven bottle openers, property in the possession of J. L. Devotta, and that you have thereby committed an offence punishable under Section 369 of the Penal Code." After the indictment was read and explained to him the accus....

Theft- Accused charged with dishonest retention of stolen property - Evidence of previous sales of stolen Umber by accused-Criminal Procedure Code, ss. 182 and 408-Penal Code, s. 394. ... In giving judgment the learned Judge took a view of section 394 of the Penal Code (retaining stolen property), which, though adopted in India, has been discarded by this Court. ... Darley, Butler's timber, producing memoranda with the name of Messrs. Darley, Butler's firm printed upon them, purporting to indicate that the timb....

Where an accused person is charged with the offence of theft under section 367 of the Penal Code, the Court has no power to convict him of the offence of assisting in the disposal of stolen property under section 396 of the Penal Code. ... under section 396 of the Penal Code. ... In the District Court, the indictment presented against the appellant charged him with the offence of theft under section 367 of the Penal Code, and this remained the charge throughout the trial. ... ....

IN this case the accused, two in number, were charged (I) with house-breaking by night in order to the committing of an offence punishable with imprisonment-to wit, theft, an offence punishable under section 443 of the Ceylon Penal Code; and (2) with theft from a building used ... His conviction both of house-breaking by night, in order to the commission of an offence punishable with imprisonment and of theft from a building used as a human dwelling would be obnoxious to section 67* of the Ceylon Pena....

Charge-Charge of theft' and in the alternative of receiving stolen property and assisting- in disposing of stolen property-No charge framed under the latter offences-Fatal irregularity-Penal Code, ss. 366, 894, and 396. ... Where the accused was charged with theft and, on the trial, date, the prosecution moved that the alternative charges under sections 394 and 396 of the Penal Code be added without any objection on the part of the accused's Counsel, and where the Magistrate proceeded to try the accused ... - ....

2023 Supreme(US)(ca6) 27

But in the decades leading up to the publication of the Guidelines, Congress and the states began treating theft offenses as a single crime. E.g., Model Penal Code § 223.1. Laws used the term “stolen” to implement this trend, using the term to refer to all theft offenses collectively. E. ... Wintrode, New Approach to Old Crimes: The Model Penal Code, 39 Notre Dame L. ... “steal[ing]” with theft). ... Historically, common law distinguished theft without consent (larceny) and t....

Goat-Theft of goat-Exclusive Jurisdiction of Village Tribunal-Penal Code, s. 368. Theft of a goat is not punishable under section 368 of the Penal Code. APPEAL from an order of the Police Magistrate of Dandagamuwa. June 25, 1935. ... He is right in this view, unless the charge has been rightly laid under section 368 of the Penal Code. The Village Tribunal has no jurisdiction in regard to offences under section 368. Section 368 provides for cases of theft of (a) any bull, co....

2023 0 Supreme(Guj) 86

For detection of theft of electricity officers of the licensee or supplier has been empowered u/sub-Sec. (2) to enter, inspect, break open and search any place or premises in which he has reason to believe that electricity has been used or being used unauthorisedly and to search, seize and remove all such devices, instruments, etc., and to examine or seize any books of account or documents, etc. Thereunder no power has been vested with any individual to take the administration of criminal justice into his own hands. Sub-Section (1) of Section 135 is a penal provision, which prescri....

2008 0 Supreme(Cal) 229

Theft is defined under section 378 of the Indian Penal Code, which is a general provision about the theft of any movable property.

2005 0 Supreme(Bom) 1637

Firstly, whether there is material to infer that the drill bits belonged to the Company and whether it could be held that respondent No. 1 had removed them dishonestly and unauthorisedly. The definition of theft in the Penal Code is moving a movable property out of the possession of a person without his consent and with a dishonest intention. The material has to be moved out of the possession of the lawful owner and it has to be so done without his consent.

Consumer

3. Theft is the genesis of every other crime namely robbery, dacoity, hijacking or burglary. Theft.—whoever, intending to take dishonestly any movable 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.” ‘Theft’ as per dictionary meaning is an action or crime of stealing and for penal purpose is defined under Section 378 of I.P.C. which reads as under: “Section 378.

1998 0 Supreme(Mad) 1425

Hence, the punishment imposed by the Tribunal, is rather on the concessional side, and the fervent plea put forth by Mr. Devadas, learned counsel for petitioner, to order reinstatement is an unreasonable contention." Company having chosen to proceed by a domestic enquiry, based on the Standing Order, this Court considers that there is very little scope for any generosity to be shown or to bring into existence minor punishments for such derelictions. When they occur in industries, it would be detrimental to the interests of the Nation, if a different approach is made mainly because he is a wo....