Criminal Negligence And Culpable Homicide

06 Nov 2025 --
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Property Offences: Theft, Robbery, Burglary

Property offences are primarily defined under Indian Penal Code (IPC), 1860, focusing on the protection of movable property, possession, and personal security.

1. Theft (Section 378 IPC)

Definition (Section 378 IPC):

“Whoever dishonestly takes any movable property out of the possession of any person without that person’s consent, is said to commit theft.”

Essential Ingredients:

Movable property – property must be capable of being moved.

Dishonest intention – knowledge that the act is unauthorized.

Without consent – consent must be absent or obtained by fraud.

Taking out of possession of another – must be physically or constructively taken.

Punishment: Section 379 IPC – Imprisonment up to 3 years, or fine, or both.

Key Cases on Theft

1. State of Maharashtra v. Damu Gopinath Shinde (1985)

Facts: Accused took property from a warehouse.

Issue: Was it theft or misappropriation?

Ruling: Supreme Court held that dishonest taking without consent is theft, even if temporarily possessed. Mere belief of ownership does not excuse theft.

2. K.K. Verma v. State of Haryana (1963)

Facts: Accused found with someone else’s bicycle, claimed it was abandoned.

Ruling: Court held intention to permanently deprive is key. Temporary borrowing without consent is not theft unless intention to permanently deprive is shown.

3. Ramesh v. State of Punjab (1981)

Facts: Accused sold property in possession of a relative without consent.

Ruling: Supreme Court clarified that possession is sufficient, even if ownership is disputed.

2. Robbery (Section 390 IPC)

Definition (Section 390 IPC):

Robbery is the theft or attempted theft with violence or threat of violence to any person or property.

Essential Ingredients:

Theft or attempt to commit theft must exist.

Use of force or intimidation to commit theft.

Immediate threat or harm during the act.

Punishment: Section 392 IPC – imprisonment up to 10 years + fine if armed.

Key Cases on Robbery

1. State of Maharashtra v. Raghunath (1970)

Facts: Accused threatened shopkeeper to hand over cash.

Ruling: Use of force or intimidation converts theft into robbery. The threat need not result in physical injury.

2. Om Prakash v. State of Rajasthan (1995)

Facts: Accused snatched bag from victim on street.

Ruling: Court held snatching with force = robbery, even if injury is minor.

3. Ratanlal & Dhirajlal Example Interpretation:

Robbery differs from theft in degree of coercion; minor threat without intention to steal may be assault but not robbery.

3. Burglary / House-breaking (Section 445 IPC and Section 457 IPC)

Definition (Section 445 IPC):

“Whoever breaks into a building, tent, or vessel used for human dwelling, with intent to commit theft, robbery, or any other offence therein, is guilty of house-breaking.”

House-breaking vs Burglary (Section 457 IPC):

If house-breaking is done at night, it becomes burglary, which is more serious.

Essential Ingredients:

Entry must be unauthorized.

Intent to commit an offence at the time of entry.

Can occur in buildings, tent, vessel used as dwelling.

Punishment: Section 457 IPC – Imprisonment up to 7 years + fine.

Key Cases on Burglary / House-breaking

1. K.K. Verma v. State of Haryana (1963)

Facts: Accused entered a shop through unlocked door at night.

Ruling: Entry at night with intent to commit theft = burglary under Section 457 IPC.

2. State of Punjab v. Dalbir Singh (1983)

Facts: Accused entered warehouse but claimed he intended to return goods.

Ruling: Court held intention at the time of entry determines offence. Housebreaking without intent is not burglary.

3. Mithilesh Kumar v. State of Bihar (2001)

Facts: Accused broke a house lock to commit theft but escaped without stealing anything.

Ruling: Attempted burglary is still punishable. Mens rea + actus reus = offence, even if theft unsuccessful.

4. Surinder Singh v. State of Haryana (1999)

Facts: Accused entered house at night, stole ornaments while occupants were asleep.

Ruling: Court emphasized night-time entry aggravates offence, justifying higher sentence for burglary vs theft.

Comparison of Theft, Robbery, and Burglary

Offence	IPC Section	Actus Reus	Mens Rea	Punishment	Key Difference
Theft	378/379	Dishonest taking of movable property	Intention to permanently deprive	Up to 3 years	No use of force
Robbery	390/392	Theft + force/threat	Intention to permanently deprive + threat	Up to 10 years	Theft with immediate force or intimidation
Burglary	445/457	Unauthorized entry into dwelling/structure	Intent to commit theft/other offence	Up to 7 years	Focus on unauthorized entry; night entry = burglary