Theft & Related IPC Offences – Quick-Recall Notes
Core Definition
- Theft (IPC Sec. 378): Dishonest moving of movable property out of another’s possession without consent.
- Dishonest intent at the time of moving.
- Property must be movable & belong to another.
- Actual moving (the slightest movement completes the offence).
- Sec. 379 – Punishment for theft (simple case).
- Sec. 380 – Theft in dwelling-house, vessel, tent, etc.
- Sec. 392 – Robbery (theft + violence or fear of instant violence).
- Secs. 403/406 – Criminal misappropriation / Criminal breach of trust (property obtained lawfully, later dishonestly used or converted).
Quick Case-wise Outcomes
| No. | Brief Facts | Offence Made Out |
|---|
| 1 | Motor-bike moved from in front of shop | Theft (Sec. 379) – movable property removed without consent. |
| 2 | Bag kept outside shop taken | Theft (Sec. 379). |
| 3 | Bag snatched from hand in market | Robbery (Sec. 392) – sudden seizure from person creating instant fear / force. |
| 4 | Bag taken from beside victim at bus stand | Theft (Sec. 379); no force or fear used by offender. |
| 5 | Entire commercial vessel moved | Theft of vessel (Sec. 379; vessel is movable after being detached from moorings). |
| 6 | Three petrol containers removed from vessel | Theft in vessel (Sec. 380). |
| 7 | Bag stolen from sleeper bus during night | Theft (likely Sec. 380 – theft on a vessel/vehicle used for human dwelling). |
| 8 | Idol missing from family temple | Theft in building (Sec. 380); may also attract sacrilege provisions (Sec. 295) if intention to insult religion. |
| 9 | Electrician pockets ring while repairing | Theft (Sec. 379) – had no lawful possession of ring. |
| 10 | Model keeps jewels beyond permitted hours to wear at wedding | Criminal misappropriation / breach of trust (Secs. 403/406); initial possession was with consent, so not theft. |
Distinguishing Points to Recall
- Consent at moment of taking: Presence → later dishonesty = misappropriation; Absence → theft.
- Force/fear during theft: Converts theft into robbery.
- Location factor: Dwelling-house, vessel, or place of worship upgrades to Sec. 380.
- Movable property: Includes vehicles, vessels, containers, idols, bags, jewellery, etc.
Exam Triggers
- Quote the four ingredients of theft verbatim.
- Always test for consent, possession, movement, dishonest intention.
- Check if any of the three aggravators apply: place, force/fear, initial lawful possession.
- Reference proper section numbers for quick scoring.