Theme: Theft

Theft is when someone takes away your property without your consent. Theft is a crime in India and the person committing theft is punished with jail time of up to 3 years and/or a fine.(( Section 379, Indian Penal Code, 1860.)) Theft is a cognizable and non-bailable offence.

It is theft when(( Section 378, Indian Penal Code, 1860.)):

You have a dishonest intention to take away property

There is an intention to take away property dishonestly i.e. one intended to cause illegal gains to oneself while causing someone else illegal losses(( K.N. Mehra v. State of Rajasthan (1957) SCR 623.)). For example, if Shyam breaks into Ram’s house and steals his money with the intention to cause illegal gains to himself while causing Ram illegal losses.

You have not taken consent to move the property

The property has been taken away without consent(( K.N. Mehra v. State of Rajasthan (1957) SCR 623.)). For example, if Ram’s dog is chained up in his yard, and Shyam takes it away without asking Ram. However, there are certain conditions in place, such as:

• The consent can be given by the person who owns the property, or by any other person who has authority over that property
• The consent can be explicit or implicit

You move property 

It is theft when some movable property i.e. it is tangible and is not attached to the earth, has been moved. Some examples are:

• Any property has been detached from the earth. For example, one steals pipe fittings which were connected to a borewell.
• Some obstacles have been removed which allowed removing some property. For example, if a bicycle’s lock is removed and the bicycle is taken away.
• An animal has been used to remove some property. For example, if a donkey is attached to a cart of goods, and to steal those goods, the donkey is taken away.
• It involves the actual act of taking away property(( State of Maharashtra v. Vishwanath Tukuram Umale & Ors., (1979) 4 SCC 23.)).

Theft is not just a crime if personal items are stolen. Many other forms of theft are there and the law punishes people who commit theft based on:

• The item stolen
• The situation of theft
• The person who commits theft.

Theft is not just a crime if personal items are stolen. Many other forms of theft are there and the law punishes people who commit theft based on the situation as well as depending on who they are. Some examples of the different types of theft are given below:

• The item stolen
  • Personal items
  • Electricity
  • Animals
  • Vehicles
  • Computer-related data
  • Scams
• The situation
  • While traveling
  • Pick-pocketing and Snatching 
  • Shoplifting 
  • House break-ins
  • Facing violence during theft
• The person stealing
  • Theft by Child
  • Theft by Help/Servant 
  • Helping Someone Steal

Sometimes, your personal items like your phone, expensive gadgets, bag, wallet, etc. might be stolen. This is a crime under the law(( Section 378, Indian Penal Code, 1860.)), and the thief can be punished with jail time of up to 3 years and/or a fine(( Section 379, Indian Penal Code, 1860.)).

Further, in case other factors are at play during the theft, such as a house break-in, then different punishments will apply.

If any of your personal items have been stolen, read here to understand the steps/options you can take to complain.

If anyone helps someone steal, he will be punished with the same penalties as if he had done the act himself(( Section 109, Indian Penal Code, 1860.)).

However, if one is helping someone steal, and another act is done, he will be punished for the act done, as if he had the act himself(( Section 111, Indian Penal Code, 1860.)). For example, Ram decided to steal from Sita’s house, and Sham agreed to help him, and during the theft, Sita was murdered, Sham will be punished with penalty for murder as well, and theft(( Section 112, Indian Penal Code, 1860.)), if theft was also committed.

Taking away someone else’s vehicle(s), like a scooty, car, cycle, etc. without their consent is considered as theft(( Section 378, Indian Penal Code, 1860; New India Assurance Co. Ltd v. Appliance Technologies India.)). For example, if Ram has parked his car, and Sham takes it away, it will be considered as theft.

This is punishable with  jail time of up to 3 years and/or a fine(( Section 379, Indian Penal Code, 1860.)). If your vehicle has been stolen, read here to understand the steps/options you can take to complain.

Sometimes, your personal data stored on the computer may be stolen. This is also a form of theft.

Identity theft is the act when someone dishonestly steals and uses any unique identifying feature which belongs to you, such as your password, electronic signature, etc. For example, if someone steals your password and uses it to post a picture through your social media account. This is punishable with jail time of up to 3 years and a fine of Rs. 1 lakh.(( Section 66C, The Information Technology Act, 2000.))

Another theft of computer-related data refers to impersonation. Impersonation refers to when someone assumes a fake identity in order to deceive someone, by using some kind of a communication device. For example, if Ram pretends to be Sham online. This is punishable with jail time of up to 3 years and a fine of Rs. 1 lakh.(( Section 66D, The Information Technology Act, 2000.))

Complaining about Theft of Computer-Related Data

In case of theft of computer-related data, please see here to understand the processes involved.

Theft of electricity happens when someone tampers meters, damages electric meters or equipment, etc.(( Section 135, The Electricity Act, 2003.)).

Punishment for Theft of Electricity

• The punishment for theft of electricity is jail time of up to 3 years and/or a fine.
  • If the amount of electricity stolen does not exceed 10 kilowatt, then the fine on first offence will be at least 3 times of the financial gain caused by the theft, and it will be 6 times on every subsequent conviction.
  • In case the amount stolen exceeds 10 kilowatts, then one may be punished with jail time between 6 months and 5 years, in addition to a fine. In this case, one will also be debarred from getting any supply of electricity for a period between 3 months and 2 years.
• The suppliers of electricity can cut off the supply of electricity if a consumer is found guilty of theft of electricity, without issuing a notice, and this supply will be restored only once the consumer has paid a fine and compensated the supplier(( MP Electricity Board v. Harsh Wood Product.)).

Complaining about Theft of Electricity

To report theft of electricity, you should approach the respective electricity providing board/corporation in your state. For example, for Delhi, you can lodge a complaint with BSES Rajdhani, you can use WhatsApp to submit information related to the problem at 9555010022. Read more here to see how to file a complaint with BSES Rajdhani.

It is an offence to steal from someone while they are traveling(( Section 378. Indian Penal Code, 1860.; Balakrishnan v. The State of Kerala)). For example, Ram is in an auto rickshaw, and Sham is on a bike, and Sham snatches away Ram’s bag – this will be considered as theft.

This is punishable with jail time of up to 3 years and/or a fine(( Section 379. Indian Penal Code, 1860. )). If you have experienced theft while traveling, read here to understand the steps/options you can take to complain.

When someone commits theft by breaking into a house, they are punished with a higher penalty. It is a crime if anyone commits theft by:

• Breaking into any tent, house, etc. which is used for the purpose of living by humans or to store property, they will be punished with jail time of up to 7 years and a fine(( Section 380. Indian Penal Code, 1860.)).
• Enters into any building to commit a crime, or to intimidate, insult or annoy any person who possesses the property, then he will be punished with jail time of up to 3 months and/or a fine up to Rs. 500.(( Section 441 and 447. Indian Penal Code, 1860.))

If you have faced a house break-in while theft, read here to understand the steps/options you can take to complain.

Pick-pocketing refers to when someone steals items, like your wallet, phone, etc., out of your pocket, bag, etc., and snatching is when someone forcefully snatches away your items from you. Both of these acts are crimes(( Section 378. Indian Penal Code, 1860; State v. Raj Kumar)).

These acts are  punishable with jail time of up to 3 years and/or a fine(( Section 379. Indian Penal Code, 1860.)). If  you have experienced pick-pocketing or snatching, read here to understand the steps/options you can take to complain.

Shoplifting refers to stealing items from a shop or store and not paying for them. For example, Ram and Shyam go to a provision store to steal chocolates and run away without paying for them.

In India, shoplifting is governed by the same laws as the general law on theft. Read more here to know what theft is and what the punishment is. If you have experienced shoplifting, read here to understand the steps/options you can take to complain.

If someone uses violence, with the use of weapons or not, while stealing, the punishment is higher. Under the law, this is called robbery. The punishment for robbery is(( Section 392, Indian Penal Code, 1860)) jail time of up to 10 years and a fine.

When the thief voluntarily causes/attempts to cause death to you, restrains you,  hurts you, or causes you to fear any hurt, then this is a crime of robbery.

Even if the violence happens while committing the theft, in order to commit the theft, attempting to or carrying away stolen items, it is still a crime of robbery.

If you have faced a violence while theft, read here to understand the steps/options you can take to complain.

If you face any kind of theft, such as theft of personal items or theft during traveling, you can file an FIR with the nearest police station. The police will conduct the required investigation.

Please see here to know how to file an FIR.