AI Overview...
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Theft as Offence - Theft is primarily addressed under Section 378 IPC, with Section 379 IPC specifically defining the offence of theft, which involves dishonestly taking movable property out of someone's possession without consent. Section 380 IPC deals with theft in a building, such as a temple, and prescribes a more specific offence for theft committed within a building or enclosed property. Sources: INDKER00000070828, Arvind Parmar @ Bunty VS State Of U. P. - Allahabad, Arvind Parmar VS State of U. P. - Allahabad
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Section 379 IPC - Defines theft as dishonestly taking any movable property out of someone's possession without consent, which is the general offence of theft. It does not specify the location or context. Sources: 02500104219, Arvind Parmar VS State of U. P. - Allahabad
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Section 380 IPC - Addresses theft in a building or enclosed property, such as temples, emphasizing the offence of committing theft within such premises. The court has analyzed the essential ingredients for this offence, including unlawful entry and dishonest intention to commit theft. It is considered a distinct offence from general theft under Section 379. Sources: 02500104219, Arvind Parmar VS State of U. P. - Allahabad, OMANAKUTTAN vs STATE OF KERALA - Kerala
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Legal Distinction and Application - Theft in a temple or enclosed property is an offence under Section 380 IPC, which is a specific offence, whereas Section 379 IPC covers general theft. The courts have clarified that for theft in a temple, the offence is better categorized under Section 380, especially when the theft occurs within a building or enclosed premises. Sources: 02500104219, Arvind Parmar VS State of U. P. - Allahabad
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Relevant Court Judgments and Analysis - Courts have discussed the essential elements of Section 380 IPC, including unlawful entry and dishonest intention, and have held that allegations of theft in temples or similar premises are covered under this section. Some cases involved appeals and revisions where the distinction between Sections 379 and 380 was clarified. Sources: 02100114636, Arvind Parmar @ Bunty VS State Of U. P. - Allahabad, Arvind Parmar VS State of U. P. - Allahabad
Analysis and Conclusion:
Theft committed within a temple or enclosed premises is an offence under Section 380 IPC, which specifically addresses theft in buildings or enclosed properties. While Section 379 IPC covers general theft, the context of theft in temples makes Section 380 IPC more applicable due to its focus on theft within enclosed premises. The courts have emphasized the importance of proving unlawful entry and dishonest intention for conviction under Section 380. Therefore, theft in a temple is an offence under Section 380 IPC, not merely under Section 379 IPC.
Search Results for "Theft in Temple is Offence under Section 379 Ipc or Section 380 Ipc"
2025 Supreme(Online)(KER) 7127 • India - High Court of Kerala
M.B. SNEHALATHA, J
and 380 r/w Section 34 of IPC .
2025 0 Supreme(AP) 420 • India - IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Sri Justice V Srinivas, J
(A) Indian Penal Code - Section 411 - Criminal Procedure Code, 1973 - Revision against conviction and sentence for theft - Accused ... under Section 411 IPC, affirming the conviction but modifying the sentence. ... ... ... Findings of Court: ... The trial court and appellate court found sufficient evidence to convict the petitioner for the offence ... and Section 457 ....
2015 0 Supreme(Mad) 162 • India - Madras
R.MALA
Theft - Criminal Appeal - Section 380 IPC - Summary of Acts and Sections: Section 392 IPC, Section 397 IPC, Section 380 IPC - ... 380 IPC instead of Section 392 IPC. ... of the criminal appeal from Se....
• India - Crimes
ANUBHA RAWAT CHOUDHARY
under Sections 143 and 379 of IPC—View taken by lower appellate court while acquitting opposite parties of offence under Sections ... Indian Penal Code, 1860—Sections 143 and 379—Unlawful assembly and theft—Revision against order of acquittal—Informant ... /petitioner did not file any appeal against judgment of acquittal of accused un....
1997 0 Supreme(Raj) 923 • India - Rajasthan
MOHD.YAMIN
CRIMINAL PROCEDURE CODE - SECTION 427 - CONCURRENT SENTENCES - COURT'S POWER TO ORDER - CONDITIONS - INTERPRETATION - COURT'S ... sought an order from the High Court directing that the sentences run concurrently, rather than consecutively, as provided under Section ... The court held that it has the inherent power, under Section 427 of the CrPC, to order that sentences passed in different cases run ... Magan) Convicted for offence....
2019 0 Supreme(All) 948 • India - Allahabad
RAM KRISHNA GAUTAM
The court also analyzed the essential ingredients for the offence under Section 380 IPC, emphasizing the need to prove theft from ... . - Criminal Appeal - Sections 380, 411, 413 IPC - Summary of Acts and Sections: The court discussed the provisions of Section 411 ... under Sections 380#HL....
2019 0 Supreme(All) 2392 • India - Allahabad
RAM KRISHNA GAUTAM
457 of IPC, and the essential ingredients for the offence under Section 380 of IPC. ... , 411, 413 and 511 of IPC - The court discussed the legal provisions of Section 457 and 380 of IPC, emphasizing the essential ingredients ... Sections 457 and 380 of IPC. ... Under Sec....
2021 0 Supreme(Jhk) 650 • India - Jharkhand
ANUBHA RAWAT CHOUDHARY
Indian Penal Code by learned trial court – Held, So far as offence under Sections 143 and 379 of Indian Penal Code is concerned, ... accused for offence under Section 411 of Indian Penal Code against which State had filed appeal, but appeal of State was wrongly ... Indian Penal Code, 1860 - Sections 143, 37....
2024 Supreme(Online)(Mad) 54877 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.NIRMAL KUMAR
(A) Indian Penal Code, Sections 458, 342, and 380 - Conviction and sentencing of the accused for theft and wrongful confinement - ... the watchman, and stole temple property, leading to their arrest after a delay in reporting the incident. ... (Paras 7, 10) ... ... Facts of the case: ... The petitioners illegally entered a temple, assaulted ... the offence under #HL....
2019 0 Supreme(All) 1575 • India - Allahabad
RAM KRISHNA GAUTAM
were convicted for theft under Sections 457, 380, 411, and 413 of the IPC. ... . - Criminal Appeal - Sections 457, 380, 411, 413 of IPC - Summary of Acts and Sections Fact of the Case: The appellants ... Finding of the Court: The court found that the prosecution failed to prove the essential elements of theft and possession ... Und....
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