The offences related to movable and immovable property are made punishable under Section 378 to 460 of the Indian Penal Code, 1860.


An overview of offences related to property under IPC-


Section 378 to 382 – theft
Section 383 to 389 – extortion
Section 390 to 402 – robbery and dacoity
Section 403 & 404 – dishonest misappropriation of property
Section 405 to 409 – criminal breach of trust
Section 410 to 414 – stolen property
Section 415 to 420 – cheating
Section 421 to 424 – fraudulent acts
Section 425 to 440 – mischief
Section 441 to 460 – criminal trespass


Let’s dive deep into the offences relating to properties and understand how they amount to a crime under the Indian Penal Code.

  • Theft – The essential ingredients of theft as provided another section 378 IPC are-


The dishonest intention of the taker

  • The property in question should be movable
  • The possession must be transferred
  • The property should be taken without consent
  • The movement of such property is essential


The punishment for the offence prescribed under section 379 IPC i.e. imprisonment of a term extending up to three years, or with fine, or both.

  • Extortion – the main ingredients of extortion according to Section 383 of the Indian Penal Code are-


(i)Inducing a person by putting him in fear
(ii)Accused should have the intention of putting another person in the fear of injury
(ii)The accused must induce the victim to deliver some property
(iv)Such inducement must be made dishonestly


Punishment of extortion is prescribed under section 384 of the Indian Penal Code as imprisonment up to 3 years, or fine, or both.


(3) Robbery- an aggravated form of theft or extortion is called robbery. Robbery is committed when the accused while committing the offence of theft voluntary causes or attempts to cause to any another person-
(i) death
(ii) hurt
(iii) wrongful restraint, or such fear.


Section 392 of the IPC prescribes the punishment for the offence of robbery as imprisonment up to a period of 10years and a fine. The attempt to commit such an offence is punishable with imprisonment for a period of 7 years with a fine.

  • Dacoity – a robbery committed by five or more people conjointly or an attempt to commit a robbery by more than 5 people is termed as dacoity. According to Section 395 of the Indian Penal Code, the punishment for committing the offence of the quality is life imprisonment or rigorous imprisonment for a period extending up to 10 years and fine, or both.
  • Criminal misappropriation of property – section 403 of IPC dues with dishonest misappropriation of property which means dishonestly misappropriating any movable property or converting any movable property for his own use. The punishment for such misappropriation is imprisonment for a term extending up to two years or fine, or with both.


Section 404 of the Indian Penal Code deals with the dishonest misappropriation of property that was in the possession of a deceased person at the time of his death. This section provides any person from dishonesty misappropriating are converting to his own use the property of any deceased person with the knowledge that the property in question was in the position of the deceased person when he died and also not been in the possession of any person legally entitled to the property. Dishonest misappropriation of such property makes the offender liable for punishment for a term that may extend up to three years and a fine. If the offender was a servant or a clerk of the deceased person, he shall be liable for imprisonment of a term of 7 years


(6) criminal breach of trust – Section 405 of the Indian Penal Code deals with offences related to criminal breach of trust. According to the section, if any person entrusted with some property, dishonestly, misappropriates such property or disposes of it illegally, is ramble to be punished with imprisonment for a term extending up to three years, or with a fine, or with both under section 406 of IPC.


(7) Stolen property-


(i) Receiving stolen property – a person having possession of a property that has been transferred through theft, extortion or robbery within or without India, comes under the ambit of Section 410 IPC.
(ii) Dishonestly receiving a stolen property – section 411 of the Indian Penal Code please down that any person who dishonestly receives or retains a property, knowing and harming reason to believe that such property is stolen, shall be liable for punishment of imprisonment extending up to a period of three years, or with fine, or with both.


(8) Cheating – section 415 IPC says that any person who induces another person by deceiving him fraudulently or dishonestly, to deliver any property to any person auto obtain consent from such induced person that any person shall retain any property, are voluntary causes such induced person to do or omit to do something against his will that is likely to cause harm to that person in body, mind reputation or property, is said to cheat.

  • Section 416 of the Indian Penal Code defines cheating as personation answer a person pretending to be someone else or voluntarily substituting another person by pretending to be someone else, presenting some other person, is said to be cheating by personation.
  • Section 417 of the Indian Penal Code provides the punishment for cheating as imprisonment for a term extending up to one year or fine, or with both.
  • Section 419 of the Indian Penal Code provides punishment for cheating by personation as imprisonment for a term extending up to a period of three years or fine, or with both.
  • Section 420 of the IPC deals with the act of creating a person and inducing him to deliver his property in order to alter, destroy or convert such property. Such an offence shall be liable to punishment of imprisonment of a term extending up to seven years and a fine.


(9) Mischief – section 425 of IPC defines mischief as causing destruction of property with the intention to cause wrongful loss or damage to any particular person or to the public at large. According to Section 426, any person committing the offence of mischief shall be liable to imprisonment of a term extending up to 3 years or with a fine, or with both.


(10) Criminal Trespass – section 441 of IPC defines criminal trespass as entering the private property of another person unlawfully with the motive to intimidate, annoy or insult the person in possession of such property or legally entering into the property of another and unlawfully retaining there with the motive to intimidate, insult or annoy that person. According to Section 447 of the IPC, the punishment for committing the offence of criminal trespass is imprisonment of a term extending up to three months or with a fine, or with both.
Further sections of this code deal with house-trespass, housebreaking and lurking house-trespass.


Conclusion-


Property is anything that is of any value to an individual to which it belongs. The right to property is a fundamental right guaranteed by the constitution of India. Several provisions of the Indian penal code protects the rights of the property holders and lays down on measurements and fines for infringement of such rights. Some essential grounds are laid down by the Indian Penal Code to protect the rights of property are that the property must be in possession of such person seeking protection and the concerned property should be recognised as a property belonging to him.

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