Theft ipc notes. Legal provisions regarding Theft under section 378 of Indian Penal Code, 1860 2019-01-13

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Theft and Extortion

theft ipc notes

An omnibus, a railway platform, a public urinal and a goods yard of a railway station are public places. It is one of the most important rights of a person or right of his reputation. The word lawful guardian here means any person lawfully interested with care or custody of such minor or other person. It is a more serious offence punishable with imprisonment simple or rigorous extending to one year or fine up to Rs. Imprisonment for life Living behind the bars are sometimes far more painful than death sentence.

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Indian Penal Code

theft ipc notes

Without consent : The thing stolen must have been taken without the consent of the person in possession of it. A person is said to lose wrongfully when such person is wrongfully kept out of any property as well as when such person is wrongfully deprived of property. Taking need not be permanent It is not necessary that the taking should be of a permanent character, or that the accused should have derived any profit. It is not defamation to publish a substantial true report of the proceedings of court of justice. Comments Ingredients The delay in hearing of appeal for long period is no cause for not interfering with an order of acquittal which was based on conjectures and surmises, resulting in gross failure of justice; State of Rajasthan v.

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Indian Penal Code

theft ipc notes

He can form no conjecture as to the person who has lost the cheque. A Wrongful restraint is keeping a man out of a place where he wishes to go and has a right to be. Every member of dacoity group need not present at the victim. When an offence is defined in absolute terms i. Whoever commits extortion shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. A is thus prevented from proceeding in any direction beyond the circumscribing line of wall.

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Class Notes on Criminal Law 1

theft ipc notes

The extremer reticence of Indian women to expose the bestiality and cruelty perpetrated on them led the crusading members to raise the matter in the Parliament which led to the passing of the Criminal Law First and Second Amendments, 1983 Section 498-A. In murder there is greater intention or knowledge than in culpable homicide not amounting to murder. In kidnapping consent of the person enticed is immaterial. Theft maybe only in respect of movable property. He thus induces Z to give him money.


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Distinction between Theft, Extortion, Robbery and Dacoity

theft ipc notes

Foresight of the consequences An voluntary act resulted in the harm and the harm was not contemplated. Simple hurt means causing bodily injury 2 Grievous hurt;- The following kinds of hurt only are designed as grievous hurt. Career opportunities for you stretch beyond research to editorial, sales, content management, digital marketing. A is not guilty of theft; but if A, after discovering his mistake, dishonestly appropriates the property to his own use, he is guilty of an offence under this section. The mistake must be reasonable Acts done under order of a superior authority — the accused believing himself to be bound by law was entitled to the protection under Sec 76 State of West Bengal v.

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Theft and Extortion

theft ipc notes

In other words, the conspirator is guilty of criminal conspiracy; whether the illegal act is the ultimate object of the agreement or it is merely incidental to the object of the agreement. A dishonestly misappropriates the property. He induces Z to give money A has committed extortion. Illustration: A shakes his fist at Z, intending or knowing it to be likely that he may thereby cause Z to believe that A has committed an assault. A is guilty of an offence under this section. For example, whenever he has entrusted the care of a thing to his servant, the physical control of the servant does not amount to possession as against his master, but merely to custody and as against other persons, it may amount to possession. He has no dishonest intention.


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IPC notes

theft ipc notes

Many jurisdictions separate misdemeanors into three classes: high or gross misdemeanors, ordinary misdemeanors, and petty misdemeanors. Section 97 lays down that every person has a right subject to restrictions contained in section 99, to defend his own body, and the body of any other person, against any offence affecting the human body. The second clause of this section states that a person abets the doing of a thing who engages with one or more other persons in conspiracy for the doing of that thing. The new provision seeks to curb atrocities on women including those arising out of dowry demands. Here not only the bargeman but any passenger would be justified in taking any such action for the safety of the passengers and it would be immaterial that the bargeman had overloaded the barge. Z carries it to his shop.


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Law Notes (LL.B Notes): Indian Penal Code

theft ipc notes

The plot is an act in itself. D Property must be taken without consent of the owner of the property. Tyre marks were also found on the thighs of the deceased. Here A has extorted the purse from Z by putting him in fear of instant hurt, and being at the time of committing the extortion in his presence. Theft — To taking possession without the consent of the owner. Di s hones ti nt ent i ont o mi s appr opr i at ei sac r uc i al f ac tt obepr ov edt obr i nghomet hec har geofc r i mi nal br eac hoft r us t.


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