IPC Section 379
Section 379 IPC – Punishment for Theft
Essence of the Section
Section 379 deals with the general offence of theft. It punishes anyone who dishonestly takes someone else’s property without consent.
Key Ingredients of Theft under Section 379
Dishonest Taking
The act must be dishonest, i.e., intended to deprive the owner of their property.
If the person takes property by mistake or accident, it does not amount to theft.
Movable Property
Only movable property can be stolen (cash, goods, jewelry, electronics, etc.).
Immovable property like land or buildings cannot be taken under theft, but trespass may apply.
Property Belonging to Another
The property must belong to someone else.
Taking your own property or abandoned property does not constitute theft.
Without Consent
The owner’s consent must be absent.
Taking property with consent, even dishonestly, may fall under criminal breach of trust (Section 405) instead.
Mens Rea (Intent)
The person must intend to permanently deprive the owner of their property.
Punishment
Imprisonment: Up to 3 years, or
Fine, or
Both
Theft is considered a cognizable and non-bailable offence, depending on circumstances.
Examples
Picking someone’s wallet from their bag without permission.
Stealing mobile phones, jewelry, or electronics.
Taking cash from a table or drawer without the owner’s knowledge.
Purpose of Section 379
To protect property rights.
To punish dishonest appropriation of property.
To provide a legal remedy for theft victims.
✅ In summary:
Section 379 IPC punishes anyone who dishonestly takes movable property belonging to another without consent, with imprisonment up to 3 years, fine, or both.
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