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Theft of Mobile in Building - IPC Sections 379 or 380
- Section 379 IPC (Theft) - Defines theft as dishonestly taking movable property out of someone's possession without consent, with intent to permanently deprive. It applies when the property is taken without breaking open or causing damage.
- Section 380 IPC (Theft in building, etc.) - Specifically addresses theft committed in any building, tent, or vessel used for habitation, or in a vessel, dock, or aircraft. It emphasizes the location of the theft within a building or enclosed premises.
Main Points and Insights
- Applicability of Sections 379 and 380 depends on the nature and circumstances of the theft:
- If the theft involves breaking open or causing damage, Section 380 is more appropriate.
- If the theft occurs without breaking or entry, Section 379 suffices.
- Building context: When the theft occurs inside a building or enclosed premises, Section 380 is typically invoked, especially if the premises are used for habitation or storage.
- Legal interpretations: Courts analyze whether the act involved breaking open or simply dishonest removal. The presence of forcible entry or breaking open is crucial in distinguishing between Sections 379 and 380.
- Prosecution burden: The prosecution must prove the location (building) and manner of theft to establish whether Section 380 applies, or if Section 379 is sufficient.
Analysis and Conclusion
- In cases where a mobile phone is stolen from within a building, the relevant IPC section hinges on whether there was breaking open or entry (Section 380) or not (Section 379).
- For theft within a building, especially if the premises are used for habitation, Section 380 IPC is applicable, provided the act involves breaking or concealment within the building.
- The provided sources highlight that courts examine the circumstances, evidence of entry or damage, and the nature of the premises to determine the correct section.
- References:
- DEVENDOR SINGH @ BHANDICHOR vs STATE OF KERALA - Kerala: Discusses legal provisions related to offences against property, including Sections 457, 461, 380.
- Jithesh S/o. Kunjikannan, Morkothe Veedu VS State Of Kerala - Kerala: Mentions use of mobile phones and theft within buildings, referencing Sections 380 and 379.
- P.K.VIMALADEVI vs K.HARIDAS - Kerala: Addresses criminal conspiracy and theft in building contexts.
In summary, for theft of a mobile phone within a building, Section 380 IPC is invoked if there is evidence of breaking open or entry, while Section 379 IPC applies if the theft occurs without such acts. The determination depends on the specific circumstances of each case.
Search Results for "Theft of Mobile in Building Whether 379 or 380 Ipc"
2023 Supreme(Online)(KER) 1024 • India - High Court of Kerala
MARY JOSEPH, J
Issues: Whether the prosecution proved the offences under IPC Sections 457, 461, 380, and provisions for habitual offender ... under Section 413; and whether the procedural issues regarding the commitment of the case to sessions court were valid. ... IPC - Offences Against Property - Sections 457, 461, 380, 413, 201 - Key legal provisions addressed include the definitions and ... #HL_ST....
2024 0 Supreme(All) 1107 • India - Allahabad
DR. GAUTAM CHOWDHARY
Sessions Trial No. 560 of 2021, stemming from her allegations against Bhupendra Pandey regarding serious charges under SC/ST Act and IPC ... Further, the medical examination of accused Anil who was a minor i.e. aged 13 years at the time of incident to ascertain whether ... from this mobile was at around 12:28 PM on mobile number 8787272838 which was in the name of Sh. ... Thereafter, the complainant visited at the site nea....
2013 0 Supreme(Ker) 739 • India - Kerala
T.R.RAMACHANDRAN NAIR, B.KEMAL PASHA
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 366 (1), Section 154 , Evidence Act, 1872, Section 45 ... That old man called PW15 and asked whether he wanted a mobile phone. ... By about 10 a.m., PW7 came over there with an old broken China mobile phone and asked him whether it could be repaired. ... He had passed the in-service course in portrait building s....
2024 0 Supreme(Ker) 482 • India - Kerala
P. B. SURESH KUMAR, JOHNSON JOHN
(A) Indian Penal Code - Sections 120B, 302, 307, 380, 511, 449 - Information Technology Act - Sections 67, 67A - Murder of two victims ... the accused's guilt, the existence of a criminal conspiracy, and whether the circumstances warranted a death sentence. ... (Paras 106-108) ... ... Issues: The primary issues were whether the prosecution established ... Exhibit P66 is a report filed by PW49 to add Section 120B, 115, a....
2020 0 Supreme(Ker) 530 • India - Kerala
A.HARIPRASAD, N.ANIL KUMAR
forged document, punishable under Section 471 IPC. ... Therefore, they are liable to be punished under Sections 120B, 394 and 302 IPC. ... Code of Criminal Procedure, 1973- Section 235(1);; The Indian Penal Code, 1860- Sections 120B, 396, 302, ... Now, coming back to the question, whether the 1st accused used mobile phone no.7411790579?. ... Also, it is used in building, paper and board ....
2024 Supreme(Online)(Ker) 69570 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
(A) Indian Penal Code, 1860 - Sections 120B, 302, 307, 449, 380, 511; Information Technology Act, 2000 - Section 67A - Murder and ... The first accused attempted to murder the complainant and subsequently committed theft to mislead investigation. ... Whether the first accused committed theft of the ornaments of the deceased with the intention of causing disappearance of evidence ... first accused as to wh....
2021 0 Supreme(Del) 2113 • India - Delhi
J. R. MIDHA
(Paras 350-380) ... Then the question arises, whether it is enough if the material on record shows that these conditions have been fulfilled or whether ... the vicinity of the residential address of the person or it shall be attested to some part of the person's house or on a nearby building ... Almost all residents of Delhi have at least one mobile phone connection in their name and almost half of the #H....
2021 0 Supreme(Del) 831 • India - Delhi
J.R.Midha
(Paras 38, 350-450) ... ... (C) Penalty for Non-Appearance - IPC Section ... Then the question arises, whether it is enough if the material on record shows that these conditions have been fulfilled or whether ... the vicinity of the residential address of the person or it shall be attested to some part of the person's house or on a nearby building ... Almost all residents of Delhi have at least one mobile#HL_EN....
2020 Supreme(Online)(KER) 1467 • India - High Court of Kerala
A.HARIPRASAD, N.ANIL KUMAR, JJ
Issues: The main issues included the cause of death, the existence of criminal conspiracy among the accused, whether the accused ... Criminal - Murder and Robbery - IPC Sections - 120B, 302, 394, 396, 328, 465, 471, 201 - The court discussed the elements of conspiracy ... murder and robbery, the role of circumstantial evidence in proving conspiracy, and clarifications around the interpretation of IPC ... Also, it is used in build....
2013 Supreme(Online)(KER) 9848 • India - High Court of Kerala
T.R.RAMACHANDRAN NAIR, B.KEMAL PASHA, JJ
The accused was identified as having attacked her and was later apprehended with her mobile phone. ... Issues: Whether the evidence presented met the legal threshold for conviction and if the crime constituted an exception to ... Criminal Law - Rape and Murder - IPC Sections 302, 376, 394, 397 - Legal Framework addresses responsibility of the accused for ... That old man called PW15 and asked whether he wanted a #HL_START....
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