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own property, takes that property out of Zs possession. Here, as A does not take dishonestly, he doe... | own property, takes that property out of Zs possession. Here, as A does not take dishonestly, he does not commit theft. (2) Whoever commits theft shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both and in case of second or subsequent conviction of any person under this section, he shall be punished with rigorous imprisonment for a term which shall not be less than one year but which may extend to five years and with fine Provided t |
fine, or with both and in case of second or subsequent conviction of any person under this section, ... | fine, or with both and in case of second or subsequent conviction of any person under this section, he shall be punished with rigorous imprisonment for a term which shall not be less than one year but which may extend to five years and with fine Provided that in cases of theft where the value of the stolen property is less than five thousand rupees, and a person is convicted for the first time, shall upon return of the value of property or restoration of the stolen property, shall be punished with community |
hat in cases of theft where the value of the stolen property is less than five thousand rupees, and ... | hat in cases of theft where the value of the stolen property is less than five thousand rupees, and a person is convicted for the first time, shall upon return of the value of property or restoration of the stolen property, shall be punished with community service.Sec. 1THE GAZETTE OF INDIA EXTRAORDINARY79_____________________________________________________________________________________________________________________________________________________________________________________________________________ |
304. (1) Theft is snatching if, in order to commit theft, the offender suddenly or quickly or forcib... | 304. (1) Theft is snatching if, in order to commit theft, the offender suddenly or quickly or forcibly seizes or secures or grabs or takes away from any person or from his possession any movable property. (2) Whoever commits snatching, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. 305.Whoever commits theft (a) in any building, tent or vessel used as a human dwelling or used for the custody of property; or (b) of any me |
th imprisonment of either description for a term which may extend to three years, and shall also be ... | th imprisonment of either description for a term which may extend to three years, and shall also be liable to fine. 305.Whoever commits theft (a) in any building, tent or vessel used as a human dwelling or used for the custody of property; or (b) of any means of transport used for the transport of goods or passengers; or (c) of any article or goods from any means of transport used for the transport of goods or passengers; or (d) of idol or icon in any place of worship; or (e) of any property of the Governme |
ans of transport used for the transport of goods or passengers; or (c) of any article or goods from ... | ans of transport used for the transport of goods or passengers; or (c) of any article or goods from any means of transport used for the transport of goods or passengers; or (d) of idol or icon in any place of worship; or (e) of any property of the Government or of a local authority, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 306.Whoever, being a clerk or servant, or being employed in the capacity of a clerk or serva |
nt or of a local authority, shall be punished with imprisonment of either description for a term whi... | nt or of a local authority, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 306.Whoever, being a clerk or servant, or being employed in the capacity of a clerk or servant, commits theft in respect of any property in the possession of his master or employer, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 307.Whoever commits theft, hav |
nt, commits theft in respect of any property in the possession of his master or employer, shall be p... | nt, commits theft in respect of any property in the possession of his master or employer, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. 307.Whoever commits theft, having made preparation for causing death, or hurt, or restraint, or fear of death, or of hurt, or of restraint, to any person, in order to the committing of such theft, or in order to the effecting of his escape after the committing of such theft, or in orde |
ing made preparation for causing death, or hurt, or restraint, or fear of death, or of hurt, or of r... | ing made preparation for causing death, or hurt, or restraint, or fear of death, or of hurt, or of restraint, to any person, in order to the committing of such theft, or in order to the effecting of his escape after the committing of such theft, or in order to the retaining of property taken by such theft, shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine. Illustrations. (a)A commits theft on property in Zs possession; and while committin |
r to the retaining of property taken by such theft, shall be punished with rigorous imprisonment for... | r to the retaining of property taken by such theft, shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine. Illustrations. (a)A commits theft on property in Zs possession; and while committing this theft, he has a loaded pistol under his garment, having provided this pistol for the purpose of hurting Z in case Z should resist. A has committed the offence defined in this section. (b)Apicks Zs pocket, having posted several of his companions near |
g this theft, he has a loaded pistol under his garment, having provided this pistol for the purpose ... | g this theft, he has a loaded pistol under his garment, having provided this pistol for the purpose of hurting Z in case Z should resist. A has committed the offence defined in this section. (b)Apicks Zs pocket, having posted several of his companions near him, in order that they may restrain Z, if Z should perceive what is passing and should resist, or should attempt to apprehend A. A has committed the offence defined in this section. Of extortion 308.(1) Whoever intentionally puts any person in fear of an |
him, in order that they may restrain Z, if Z should perceive what is passing and should resist, or ... | him, in order that they may restrain Z, if Z should perceive what is passing and should resist, or should attempt to apprehend A. A has committed the offence defined in this section. Of extortion 308.(1) Whoever intentionally puts any person in fear of any injury to that person, or to any other, and thereby dishonestly induces the person so put in fear to deliver to any person any property, or valuable security or anything signed or sealed which may be converted into a valuable security, commits extortion. |
y injury to that person, or to any other, and thereby dishonestly induces the person so put in fear ... | y injury to that person, or to any other, and thereby dishonestly induces the person so put in fear to deliver to any person any property, or valuable security or anything signed or sealed which may be converted into a valuable security, commits extortion. Illustrations. (a) A threatens to publish a defamatory libel concerning Z unless Z gives him money. He thus induces Z to give him money. A has committed extortion. (b)A threatens Z that he will keep Zs child in wrongful confinement, unless Z will sign and |
Illustrations. (a) A threatens to publish a defamatory libel concerning Z unless Z gives him money.... | Illustrations. (a) A threatens to publish a defamatory libel concerning Z unless Z gives him money. He thus induces Z to give him money. A has committed extortion. (b)A threatens Z that he will keep Zs child in wrongful confinement, unless Z will sign and deliver to Aa promissory note binding Z to pay certain monies to A. Z signs and delivers the note. A has committed extortion. (c) A threatens to send clubmen to plough up Zs field unless Z will sign and deliver to B a bond binding Z under a penalty to del |
deliver to Aa promissory note binding Z to pay certain monies to A. Z signs and delivers the note. ... | deliver to Aa promissory note binding Z to pay certain monies to A. Z signs and delivers the note. A has committed extortion. (c) A threatens to send clubmen to plough up Zs field unless Z will sign and deliver to B a bond binding Z under a penalty to deliver certain produce to B, and thereby induces Z to sign and deliver the bond. A has committed extortion.Snatching. Theft in a dwelling house, or means of transportation or place of worship, etc. Theft by clerk or servant of property in possession of maste |
iver certain produce to B, and thereby induces Z to sign and deliver the bond. A has committed extor... | iver certain produce to B, and thereby induces Z to sign and deliver the bond. A has committed extortion.Snatching. Theft in a dwelling house, or means of transportation or place of worship, etc. Theft by clerk or servant of property in possession of master. Theft after preparation made for causing death, hurt or restraint in order to committing of theft. Extortion.80THE GAZETTE OF INDIA EXTRAORDINARYPart II_____________________________________________________________________________________________________ |
r. Theft after preparation made for causing death, hurt or restraint in order to committing of theft... | r. Theft after preparation made for causing death, hurt or restraint in order to committing of theft. Extortion.80THE GAZETTE OF INDIA EXTRAORDINARYPart II_____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ |
(d) A, by putting Z in fear of grievous hurt, dishonestly induces Z to sign or affix his seal to a b... | (d) A, by putting Z in fear of grievous hurt, dishonestly induces Z to sign or affix his seal to a blank paper and deliver it to A. Z signs and delivers the paper to A. Here, as the paper so signed may be converted into a valuable security. A has committed extortion. (e) A threatens Z by sending a message through an electronic device that Your child is in my possession, and will be put to death unless you send me one lakh rupees. A thus induces Z to give him money. A has committed extortion. (2) Whoever com |
extortion. (e) A threatens Z by sending a message through an electronic device that Your child is i... | extortion. (e) A threatens Z by sending a message through an electronic device that Your child is in my possession, and will be put to death unless you send me one lakh rupees. A thus induces Z to give him money. A has committed extortion. (2) Whoever commits extortion shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. (3) Whoever, in order to the committing of extortion, puts any person in fear, or attempts to put any person in |
mits extortion shall be punished with imprisonment of either description for a term which may extend... | mits extortion shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both. (3) Whoever, in order to the committing of extortion, puts any person in fear, or attempts to put any person in fear, of any injury, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. (4) Whoever, in order to the committing of extortion, puts or attempts to put any person in fear of death |
fear, of any injury, shall be punished with imprisonment of either description for a term which may... | fear, of any injury, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. (4) Whoever, in order to the committing of extortion, puts or attempts to put any person in fear of death or of grievous hurt to that person or to any other, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. (5) Whoever commits extortion by putting any person in fear of death |
or of grievous hurt to that person or to any other, shall be punished with imprisonment of either de... | or of grievous hurt to that person or to any other, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. (5) Whoever commits extortion by putting any person in fear of death or of grievous hurt to that person or to any other, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. (6) Whoever, in order to the committing of extortion, puts or attempt |
or of grievous hurt to that person or to any other, shall be punished with imprisonment of either d... | or of grievous hurt to that person or to any other, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. (6) Whoever, in order to the committing of extortion, puts or attempts to put any person in fear of an accusation, against that person or any other, of having committed, or attempted to commit, an offence punishable with death or with imprisonment for life, or with imprisonment for a term which may extend to ten years, shal |
s to put any person in fear of an accusation, against that person or any other, of having committed,... | s to put any person in fear of an accusation, against that person or any other, of having committed, or attempted to commit, an offence punishable with death or with imprisonment for life, or with imprisonment for a term which may extend to ten years, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. (7) Whoever commits extortion by putting any person in fear of an accusation against that person or any other, of having commi |
l be punished with imprisonment of either description for a term which may extend to ten years, and ... | l be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. (7) Whoever commits extortion by putting any person in fear of an accusation against that person or any other, of having committed or attempted to commit any offence punishable with death, or with imprisonment for life, or with imprisonment for a term which may extend to ten years, or of having attempted to induce any other person to commit such offence, shall be punished with im |
tted or attempted to commit any offence punishable with death, or with imprisonment for life, or wit... | tted or attempted to commit any offence punishable with death, or with imprisonment for life, or with imprisonment for a term which may extend to ten years, or of having attempted to induce any other person to commit such offence, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Of robbery and dacoity 309.(1) In all robbery there is either theft or extortion. (2) Theft is robbery if, in order to the committing of the theft, |
prisonment of either description for a term which may extend to ten years, and shall also be liable ... | prisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Of robbery and dacoity 309.(1) In all robbery there is either theft or extortion. (2) Theft is robbery if, in order to the committing of the theft, or in committing the theft, or in carrying away or attempting to carry away property obtained by the theft, the offender, for that end voluntarily causes or attempts to cause to any person death or hurt or wrongful restraint, or fear of instant death or o |
or in committing the theft, or in carrying away or attempting to carry away property obtained by th... | or in committing the theft, or in carrying away or attempting to carry away property obtained by the theft, the offender, for that end voluntarily causes or attempts to cause to any person death or hurt or wrongful restraint, or fear of instant death or of instant hurt, or of instant wrongful restraint. (3) Extortion is robbery if the offender, at the time of committing the extortion, is in the presence of the person put in fear, and commits the extortion by putting that person in fear of instant death, of |
f instant hurt, or of instant wrongful restraint. (3) Extortion is robbery if the offender, at the t... | f instant hurt, or of instant wrongful restraint. (3) Extortion is robbery if the offender, at the time of committing the extortion, is in the presence of the person put in fear, and commits the extortion by putting that person in fear of instant death, of instant hurt, or of instant wrongful restraint to that person or to some other person, and, by so putting in fear, induces the person so put in fear then and there to deliver up the thing extorted. Explanation.The offender is said to be present if he is s |
instant hurt, or of instant wrongful restraint to that person or to some other person, and, by so p... | instant hurt, or of instant wrongful restraint to that person or to some other person, and, by so putting in fear, induces the person so put in fear then and there to deliver up the thing extorted. Explanation.The offender is said to be present if he is sufficiently near to put the other person in fear of instant death, of instant hurt, or of instant wrongful restraint. Illustrations. (a) A holds Z down, and fraudulently takes Zs money and jewels from Zs clothes, without Zs consent. Here Ahas committed the |
ufficiently near to put the other person in fear of instant death, of instant hurt, or of instant wr... | ufficiently near to put the other person in fear of instant death, of instant hurt, or of instant wrongful restraint. Illustrations. (a) A holds Z down, and fraudulently takes Zs money and jewels from Zs clothes, without Zs consent. Here Ahas committed theft, and, in order to the committing of that theft, has voluntarily caused wrongful restraint to Z. A has therefore committed robbery.Robbery.Sec. 1THE GAZETTE OF INDIA EXTRAORDINARY81_________________________________________________________________________ |
ft, and, in order to the committing of that theft, has voluntarily caused wrongful restraint to Z. A... | ft, and, in order to the committing of that theft, has voluntarily caused wrongful restraint to Z. A has therefore committed robbery.Robbery.Sec. 1THE GAZETTE OF INDIA EXTRAORDINARY81_________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ |
(b) A meets Z on the high road, shows a pistol, and demands Zs purse. Z, in consequence, surrenders ... | (b) A meets Z on the high road, shows a pistol, and demands Zs purse. Z, in consequence, surrenders his purse. Here A has extorted the purse from Z by putting him in fear of instant hurt, and being at the time of committing the extortion in his presence. A has therefore committed robbery. (c)A meets Z and Zs child on the high road.A takes the child, and threatens to fling it down a precipice, unless Z delivers his purse. Z, in consequence, delivers his purse. Here A has extorted the purse from Z, by causing |
has therefore committed robbery. (c)A meets Z and Zs child on the high road.A takes the child, and ... | has therefore committed robbery. (c)A meets Z and Zs child on the high road.A takes the child, and threatens to fling it down a precipice, unless Z delivers his purse. Z, in consequence, delivers his purse. Here A has extorted the purse from Z, by causing Z to be in fear of instant hurt to the child who is there present. A has therefore committed robbery on Z. (d) A obtains property from Z by sayingYour child is in the hands of my gang, and will be put to death unless you send us ten thousand rupees. This |
Z to be in fear of instant hurt to the child who is there present. A has therefore committed robber... | Z to be in fear of instant hurt to the child who is there present. A has therefore committed robbery on Z. (d) A obtains property from Z by sayingYour child is in the hands of my gang, and will be put to death unless you send us ten thousand rupees. This is extortion, and punishable as such; but it is not robbery, unless Z is put in fear of the instant death of his child. (4) Whoever commits robbery shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be lia |
is extortion, and punishable as such; but it is not robbery, unless Z is put in fear of the instant ... | is extortion, and punishable as such; but it is not robbery, unless Z is put in fear of the instant death of his child. (4) Whoever commits robbery shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine; and, if the robbery be committed on the highway between sunset and sunrise, the imprisonment may be extended to fourteen years. (5) Whoever attempts to commit robbery shall be punished with rigorous imprisonment for a term which may extend to |
ble to fine; and, if the robbery be committed on the highway between sunset and sunrise, the impriso... | ble to fine; and, if the robbery be committed on the highway between sunset and sunrise, the imprisonment may be extended to fourteen years. (5) Whoever attempts to commit robbery shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine. (6) If any person, in committing or in attempting to commit robbery, voluntarily causes hurt, such person, and any other person jointly concerned in committing or attempting to commit such robbery, shall be pu |
seven years, and shall also be liable to fine. (6) If any person, in committing or in attempting to ... | seven years, and shall also be liable to fine. (6) If any person, in committing or in attempting to commit robbery, voluntarily causes hurt, such person, and any other person jointly concerned in committing or attempting to commit such robbery, shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine. 310. (1) When five or more persons conjointly commit or attempt to commit a robbery, or where the whole number of p |
nished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten ... | nished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine. 310. (1) When five or more persons conjointly commit or attempt to commit a robbery, or where the whole number of persons conjointly committing or attempting to commit a robbery, and persons present and aiding such commission or attempt, amount to five or more, every person so committing, attempting or aiding, is said to commit dacoity. (2) Whoever commits dacoity shal |
ersons conjointly committing or attempting to commit a robbery, and persons present and aiding such ... | ersons conjointly committing or attempting to commit a robbery, and persons present and aiding such commission or attempt, amount to five or more, every person so committing, attempting or aiding, is said to commit dacoity. (2) Whoever commits dacoity shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine. (3) If any one of five or more persons, who are conjointly committing dacoity, commits murder in so committi |
l be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend ... | l be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine. (3) If any one of five or more persons, who are conjointly committing dacoity, commits murder in so committing dacoity, every one of those persons shall be punished with death, or imprisonment for life, or rigorous imprisonment for a term which shall not be less than ten years, and shall also be liable to fine. (4) Whoever makes any preparation for committing da |
ng dacoity, every one of those persons shall be punished with death, or imprisonment for life, or ri... | ng dacoity, every one of those persons shall be punished with death, or imprisonment for life, or rigorous imprisonment for a term which shall not be less than ten years, and shall also be liable to fine. (4) Whoever makes any preparation for committing dacoity, shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine. (5) Whoever is one of five or more persons assembled for the purpose of committing dacoity, shall be punished with rigorous impr |
coity, shall be punished with rigorous imprisonment for a term which may extend to ten years, and sh... | coity, shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine. (5) Whoever is one of five or more persons assembled for the purpose of committing dacoity, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine. (6) Whoever belongs to a gang of persons associated for the purpose of habitually committing dacoity, shall be punished with imprisonment for life, or with rigorous impr |
isonment for a term which may extend to seven years, and shall also be liable to fine. (6) Whoever b... | isonment for a term which may extend to seven years, and shall also be liable to fine. (6) Whoever belongs to a gang of persons associated for the purpose of habitually committing dacoity, shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine. 311.If, at the time of committing robbery or dacoity, the offender uses any deadly weapon, or causes grievous hurt to any person, or attempts to cause death or grievous hu |
isonment for a term which may extend to ten years, and shall also be liable to fine. 311.If, at the ... | isonment for a term which may extend to ten years, and shall also be liable to fine. 311.If, at the time of committing robbery or dacoity, the offender uses any deadly weapon, or causes grievous hurt to any person, or attempts to cause death or grievous hurt to any person, the imprisonment with which such offender shall be punished shall not be less than seven years. 312.If, at the time of attempting to commit robbery or dacoity, the offender is armed with any deadly weapon, the imprisonment with which such |
rt to any person, the imprisonment with which such offender shall be punished shall not be less than... | rt to any person, the imprisonment with which such offender shall be punished shall not be less than seven years. 312.If, at the time of attempting to commit robbery or dacoity, the offender is armed with any deadly weapon, the imprisonment with which such offender shall be punished shall not be less than seven years.Dacoity. Robbery, or dacoity, with attempt to cause death or grievous hurt. Attempt to commit robbery or dacoity when armed with deadly weapon.82THE GAZETTE OF INDIA EXTRAORDINARYPart II_______ |
offender shall be punished shall not be less than seven years.Dacoity. Robbery, or dacoity, with at... | offender shall be punished shall not be less than seven years.Dacoity. Robbery, or dacoity, with attempt to cause death or grievous hurt. Attempt to commit robbery or dacoity when armed with deadly weapon.82THE GAZETTE OF INDIA EXTRAORDINARYPart II_______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ |
313.Whoever belongs to any gang of persons associated in habitually committing theft or robbery, and... | 313.Whoever belongs to any gang of persons associated in habitually committing theft or robbery, and not being a gang of dacoits, shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine. Of criminal misappropriation of property 314.Whoever dishonestly misappropriates or converts to his own use any movable property, shall be punished with imprisonment of either description for a term which shall not be less than six months but which may extend |
criminal misappropriation of property 314.Whoever dishonestly misappropriates or converts to his own... | criminal misappropriation of property 314.Whoever dishonestly misappropriates or converts to his own use any movable property, shall be punished with imprisonment of either description for a term which shall not be less than six months but which may extend to two years and with fine. Illustrations. (a) A takes property belonging to Z out of Zs possession, in good faith believing at the time when he takes it, that the property belongs to himself. A is not guilty of theft; but if A, after discovering his mist |
to two years and with fine. Illustrations. (a) A takes property belonging to Z out of Zs possession... | to two years and with fine. Illustrations. (a) A takes property belonging to Z out of Zs possession, in good faith believing at the time when he takes it, that the property belongs to himself. A is not guilty of theft; but if A, after discovering his mistake, dishonestly appropriates the property to his own use, he is guilty of an offence under this section. (b) A, being on friendly terms with Z, goes into Zs library in Zs absence, and takes away a book without Zs express consent. Here, if Awas under the i |
ake, dishonestly appropriates the property to his own use, he is guilty of an offence under this sec... | ake, dishonestly appropriates the property to his own use, he is guilty of an offence under this section. (b) A, being on friendly terms with Z, goes into Zs library in Zs absence, and takes away a book without Zs express consent. Here, if Awas under the impression that he had Zs implied consent to take the book for the purpose of reading it, Ahas not committed theft. But, ifA afterwards sells the book for his own benefit, he is guilty of an offence under this section. (c) A and B, being, joint owners of a |
mpression that he had Zs implied consent to take the book for the purpose of reading it, Ahas not co... | mpression that he had Zs implied consent to take the book for the purpose of reading it, Ahas not committed theft. But, ifA afterwards sells the book for his own benefit, he is guilty of an offence under this section. (c) A and B, being, joint owners of a horse. A takes the horse out of Bs possession, intending to use it. Here, as A has a right to use the horse, he does not dishonestly misappropriate it. But, if A sells the horse and appropriates the whole proceeds to his own use, he is guilty of an offence |
horse. A takes the horse out of Bs possession, intending to use it. Here, as A has a right to use th... | horse. A takes the horse out of Bs possession, intending to use it. Here, as A has a right to use the horse, he does not dishonestly misappropriate it. But, if A sells the horse and appropriates the whole proceeds to his own use, he is guilty of an offence under this section. Explanation 1.A dishonest misappropriation for a time only is a misappropriation within the meaning of this section. Illustration. A finds a Government promissory note belonging to Z, bearing a blank endorsement. A, knowing that the no |
under this section. Explanation 1.A dishonest misappropriation for a time only is a misappropriatio... | under this section. Explanation 1.A dishonest misappropriation for a time only is a misappropriation within the meaning of this section. Illustration. A finds a Government promissory note belonging to Z, bearing a blank endorsement. A, knowing that the note belongs to Z, pledges it with a banker as a security for a loan, intending at a future time to restore it to Z. A has committed an offence under this section. Explanation 2.A person who finds property not in the possession of any other person, and takes |
te belongs to Z, pledges it with a banker as a security for a loan, intending at a future time to re... | te belongs to Z, pledges it with a banker as a security for a loan, intending at a future time to restore it to Z. A has committed an offence under this section. Explanation 2.A person who finds property not in the possession of any other person, and takes such property for the purpose of protecting it for, or of restoring it to, the owner, does not take or misappropriate it dishonestly, and is not guilty of an offence; but he is guilty of the offence above defined, if he appropriates it to his own use, whe |
such property for the purpose of protecting it for, or of restoring it to, the owner, does not take... | such property for the purpose of protecting it for, or of restoring it to, the owner, does not take or misappropriate it dishonestly, and is not guilty of an offence; but he is guilty of the offence above defined, if he appropriates it to his own use, when he knows or has the means of discovering the owner, or before he has used reasonable means to discover and give notice to the owner and has kept the property a reasonable time to enable the owner to claim it. What are reasonable means or what is a reason |
n he knows or has the means of discovering the owner, or before he has used reasonable means to disc... | n he knows or has the means of discovering the owner, or before he has used reasonable means to discover and give notice to the owner and has kept the property a reasonable time to enable the owner to claim it. What are reasonable means or what is a reasonable time in such a case, is a question of fact. It is not necessary that the finder should know who is the owner of the property, or that any particular person is the owner of it; it is sufficient if, at the time of appropriating it, he does not believe i |
able time in such a case, is a question of fact. It is not necessary that the finder should know who... | able time in such a case, is a question of fact. It is not necessary that the finder should know who is the owner of the property, or that any particular person is the owner of it; it is sufficient if, at the time of appropriating it, he does not believe it to be his own property, or in good faith believe that the real owner cannot be found. Illustrations. (a) A finds a rupee on the high road, not knowing to whom the rupee belongs, A picks up the rupee. Here A has not committed the offence defined in this s |
t to be his own property, or in good faith believe that the real owner cannot be found. Illustration... | t to be his own property, or in good faith believe that the real owner cannot be found. Illustrations. (a) A finds a rupee on the high road, not knowing to whom the rupee belongs, A picks up the rupee. Here A has not committed the offence defined in this section. (b)Afinds a letter on the road, containing a banknote. From the direction and contents of the letter he learns to whom the note belongs. He appropriates the note. He is guilty of an offence under this section. (c)A finds a cheque payable to bearer. |
ection. (b)Afinds a letter on the road, containing a banknote. From the direction and contents of th... | ection. (b)Afinds a letter on the road, containing a banknote. From the direction and contents of the letter he learns to whom the note belongs. He appropriates the note. He is guilty of an offence under this section. (c)A finds a cheque payable to bearer. He can form no conjecture as to the person who has lost the cheque. But the name of the person, who has drawn the cheque, appears. APunishment for belonging to gang of robbers, etc. Dishonest misappropriation ofproperty.Sec. 1THE GAZETTE OF INDIA EXTRAORD |
He can form no conjecture as to the person who has lost the cheque. But the name of the person, who... | He can form no conjecture as to the person who has lost the cheque. But the name of the person, who has drawn the cheque, appears. APunishment for belonging to gang of robbers, etc. Dishonest misappropriation ofproperty.Sec. 1THE GAZETTE OF INDIA EXTRAORDINARY83_________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ |
knows that this person can direct him to the person in whose favour the cheque was drawn. A appropri... | knows that this person can direct him to the person in whose favour the cheque was drawn. A appropriates the cheque without attempting to discover the owner. He is guilty of an offence under this section. (d) A sees Z drop his purse with money in it. Apicks up the purse with the intention of restoring it to Z, but afterwards appropriates it to his own use. A has committed an offence under this section. (e)Afinds a purse with money, not knowing to whom it belongs; he afterwards discovers that it belongs to Z |
s up the purse with the intention of restoring it to Z, but afterwards appropriates it to his own us... | s up the purse with the intention of restoring it to Z, but afterwards appropriates it to his own use. A has committed an offence under this section. (e)Afinds a purse with money, not knowing to whom it belongs; he afterwards discovers that it belongs to Z, and appropriates it to his own use. A is guilty of an offence under this section. (f) A finds a valuable ring, not knowing to whom it belongs. A sells it immediately without attempting to discover the owner. A is guilty of an offence under this section. |
, and appropriates it to his own use. A is guilty of an offence under this section. (f) A finds a va... | , and appropriates it to his own use. A is guilty of an offence under this section. (f) A finds a valuable ring, not knowing to whom it belongs. A sells it immediately without attempting to discover the owner. A is guilty of an offence under this section. 315.Whoever dishonestly misappropriates or converts to his own use any property, knowing that such property was in the possession of a deceased person at the time of that persons decease, and has not since been in the possession of any person legally entit |
315.Whoever dishonestly misappropriates or converts to his own use any property, knowing that such p... | 315.Whoever dishonestly misappropriates or converts to his own use any property, knowing that such property was in the possession of a deceased person at the time of that persons decease, and has not since been in the possession of any person legally entitled to such possession, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine, and if the offender at the time of such persons decease was employed by him as a clerk or servan |
led to such possession, shall be punished with imprisonment of either description for a term which m... | led to such possession, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine, and if the offender at the time of such persons decease was employed by him as a clerk or servant, the imprisonment may extend to seven years. Illustration. Z dies in possession of furniture and money. His servant A, before the money comes into the possession of any person entitled to such possession, dishonestly misappropriates it. A has committed t |
t, the imprisonment may extend to seven years. Illustration. Z dies in possession of furniture and m... | t, the imprisonment may extend to seven years. Illustration. Z dies in possession of furniture and money. His servant A, before the money comes into the possession of any person entitled to such possession, dishonestly misappropriates it. A has committed the offence defined in this section. Of criminal breach of trust 316. (1) Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or |
he offence defined in this section. Of criminal breach of trust 316. (1) Whoever, being in any manne... | he offence defined in this section. Of criminal breach of trust 316. (1) Whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or wilfully suffers any other |
disposes of that property in violation of any direction of law prescribing the mode in which such tr... | disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or wilfully suffers any other person so to do, commits criminal breach of trust. Explanation 1.A person, being an employer of an establishment whether exempted under section 17 of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 or not who deducts the employees con |
person so to do, commits criminal breach of trust. Explanation 1.A person, being an employer of an ... | person so to do, commits criminal breach of trust. Explanation 1.A person, being an employer of an establishment whether exempted under section 17 of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 or not who deducts the employees contribution from the wages payable to the employee for credit to a Provident Fund or Family Pension Fund established by any law for the time being in force, shall be deemed to have been entrusted with the amount of the contribution so deducted by him and if |
tribution from the wages payable to the employee for credit to a Provident Fund or Family Pension Fu... | tribution from the wages payable to the employee for credit to a Provident Fund or Family Pension Fund established by any law for the time being in force, shall be deemed to have been entrusted with the amount of the contribution so deducted by him and if he makes default in the payment of such contribution to the said Fund in violation of the said law, shall be deemed to have dishonestly used the amount of the said contribution in violation of a direction of law as aforesaid. Explanation 2.A person, being |
he makes default in the payment of such contribution to the said Fund in violation of the said law, ... | he makes default in the payment of such contribution to the said Fund in violation of the said law, shall be deemed to have dishonestly used the amount of the said contribution in violation of a direction of law as aforesaid. Explanation 2.A person, being an employer, who deducts the employees contribution from the wages payable to the employee for credit to the Employees State Insurance Fund held and administered by the Employees State Insurance Corporation established under the Employees State Insurance A |
an employer, who deducts the employees contribution from the wages payable to the employee for credi... | an employer, who deducts the employees contribution from the wages payable to the employee for credit to the Employees State Insurance Fund held and administered by the Employees State Insurance Corporation established under the Employees State Insurance Act, 1948 shall be deemed to have been entrusted with the amount of the contribution so deducted by him and if he makes default in the payment of such contribution to the said Fund in violation of the said Act, shall be deemed to have dishonestly used the a |
ct, 1948 shall be deemed to have been entrusted with the amount of the contribution so deducted by h... | ct, 1948 shall be deemed to have been entrusted with the amount of the contribution so deducted by him and if he makes default in the payment of such contribution to the said Fund in violation of the said Act, shall be deemed to have dishonestly used the amount of the said contribution in violation of a direction of law as aforesaid. Illustrations. (a) A, being executor to the will of a deceased person, dishonestly disobeys the law which directs him to divide the effects according to the will, and appropria |
mount of the said contribution in violation of a direction of law as aforesaid. Illustrations. (a) A... | mount of the said contribution in violation of a direction of law as aforesaid. Illustrations. (a) A, being executor to the will of a deceased person, dishonestly disobeys the law which directs him to divide the effects according to the will, and appropriates them to his own use. A has committed criminal breach of trust.Dishonest misappropriation ofproperty possessed by deceased person at the time of his death. Criminal breach of trust. 19 of 1952. 34 of 1948.84THE GAZETTE OF INDIA EXTRAORDINARYPart II_____ |
tes them to his own use. A has committed criminal breach of trust.Dishonest misappropriation ofprope... | tes them to his own use. A has committed criminal breach of trust.Dishonest misappropriation ofproperty possessed by deceased person at the time of his death. Criminal breach of trust. 19 of 1952. 34 of 1948.84THE GAZETTE OF INDIA EXTRAORDINARYPart II_____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ |
(b) A is a warehousekeeper Z going on a journey, entrusts his furniture to A, under a contract that ... | (b) A is a warehousekeeper Z going on a journey, entrusts his furniture to A, under a contract that it shall be returned on payment of a stipulated sum for warehouse room. A dishonestly sells the goods. A has committed criminal breach of trust. (c)A, residing in Kolkata, is agent for Z, residing at Delhi.There is an express or implied contract between A and Z, that all sums remitted by Z to Ashall be invested by A, according to Zs direction. Z remits one lakh of rupees to A, with directions toA to invest th |
ing in Kolkata, is agent for Z, residing at Delhi.There is an express or implied contract between A ... | ing in Kolkata, is agent for Z, residing at Delhi.There is an express or implied contract between A and Z, that all sums remitted by Z to Ashall be invested by A, according to Zs direction. Z remits one lakh of rupees to A, with directions toA to invest the same in Companys paper. A dishonestly disobeys the directions and employs the money in his own business. A has committed criminal breach of trust. (d) But if A, in illustration (c), not dishonestly but in good faith, believing that it will be more for Zs |
e same in Companys paper. A dishonestly disobeys the directions and employs the money in his own bus... | e same in Companys paper. A dishonestly disobeys the directions and employs the money in his own business. A has committed criminal breach of trust. (d) But if A, in illustration (c), not dishonestly but in good faith, believing that it will be more for Zs advantage to hold shares in the Bank of Bengal, disobeys Zs directions, and buys shares in the Bank of Bengal, for Z, instead of buying Companys paper, here, though Z should suffer loss, and should be entitled to bring a civil action against A, on account |
advantage to hold shares in the Bank of Bengal, disobeys Zs directions, and buys shares in the Bank... | advantage to hold shares in the Bank of Bengal, disobeys Zs directions, and buys shares in the Bank of Bengal, for Z, instead of buying Companys paper, here, though Z should suffer loss, and should be entitled to bring a civil action against A, on account of that loss, yet A, not having acted dishonestly, has not committed criminal breach of trust. (e)A, a revenueofficer, is entrusted with public money and is either directed by law, or bound by a contract, express or implied, with the Government, to pay in |
of that loss, yet A, not having acted dishonestly, has not committed criminal breach of trust. (e)A... | of that loss, yet A, not having acted dishonestly, has not committed criminal breach of trust. (e)A, a revenueofficer, is entrusted with public money and is either directed by law, or bound by a contract, express or implied, with the Government, to pay into a certain treasury all the public money which he holds. Adishonestly appropriates the money.A has committed criminal breach of trust. (f) A, a carrier, is entrusted by Z with property to be carried by land or by water. A dishonestly misappropriates the |
to a certain treasury all the public money which he holds. Adishonestly appropriates the money.A has... | to a certain treasury all the public money which he holds. Adishonestly appropriates the money.A has committed criminal breach of trust. (f) A, a carrier, is entrusted by Z with property to be carried by land or by water. A dishonestly misappropriates the property. A has committed criminal breach of trust. (2) Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. (3) Whoever, being entrusted w |
property. A has committed criminal breach of trust. (2) Whoever commits criminal breach of trust sha... | property. A has committed criminal breach of trust. (2) Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. (3) Whoever, being entrusted with property as a carrier, wharfinger or warehousekeeper, commits criminal breach of trust in respect of such property, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. |
ith property as a carrier, wharfinger or warehousekeeper, commits criminal breach of trust in respec... | ith property as a carrier, wharfinger or warehousekeeper, commits criminal breach of trust in respect of such property, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. (4) Whoever, being a clerk or servant or employed as a clerk or servant, and being in any manner entrusted in such capacity with property, or with any dominion over property, commits criminal breach of trust in respect of that property, shall be punished w |
(4) Whoever, being a clerk or servant or employed as a clerk or servant, and being in any manner ent... | (4) Whoever, being a clerk or servant or employed as a clerk or servant, and being in any manner entrusted in such capacity with property, or with any dominion over property, commits criminal breach of trust in respect of that property, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. (5) Whoever, being in any manner entrusted with property, or with any dominion over property in his capacity of a public servant or in the |
ith imprisonment of either description for a term which may extend to seven years, and shall also be... | ith imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. (5) Whoever, being in any manner entrusted with property, or with any dominion over property in his capacity of a public servant or in the way of his business as a banker, merchant, factor, broker, attorney or agent commits criminal breach of trust in respect of that property, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend |
way of his business as a banker, merchant, factor, broker, attorney or agent commits criminal breach... | way of his business as a banker, merchant, factor, broker, attorney or agent commits criminal breach of trust in respect of that property, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. Of receiving stolen property 317. (1) Property, the possession whereof has been transferred by theft or extortion or robbery or cheating, and property which has been criminally misappropriated or in respect o |
to ten years, and shall also be liable to fine. Of receiving stolen property 317. (1) Property, the ... | to ten years, and shall also be liable to fine. Of receiving stolen property 317. (1) Property, the possession whereof has been transferred by theft or extortion or robbery or cheating, and property which has been criminally misappropriated or in respect of which criminal breach of trust has been committed, is designated as stolen property, whether the transfer has been made, or the misappropriation or breach of trust has been committed, within or without India, but, if such property subsequently comes into |
f which criminal breach of trust has been committed, is designated as stolen property, whether the t... | f which criminal breach of trust has been committed, is designated as stolen property, whether the transfer has been made, or the misappropriation or breach of trust has been committed, within or without India, but, if such property subsequently comes into the possession of a person legally entitled to the possession thereof, it then ceases to be stolen property. (2) Whoever dishonestly receives or retains any stolen property, knowing or having reason to believe the same to be stolen property, shall be puni |
the possession of a person legally entitled to the possession thereof, it then ceases to be stolen ... | the possession of a person legally entitled to the possession thereof, it then ceases to be stolen property. (2) Whoever dishonestly receives or retains any stolen property, knowing or having reason to believe the same to be stolen property, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. (3) Whoever dishonestly receives or retains any stolen property, the possession whereof he knows or has reason to believe to have been tran |
shed with imprisonment of either description for a term which may extend to three years, or with fin... | shed with imprisonment of either description for a term which may extend to three years, or with fine, or with both. (3) Whoever dishonestly receives or retains any stolen property, the possession whereof he knows or has reason to believe to have been transferred by the commission ofStolen property.Sec. 1THE GAZETTE OF INDIA EXTRAORDINARY85__________________________________________________________________________________________________________________________________________________________________________ |
dacoity, or dishonestly receives from a person, whom he knows or has reason to believe to belong or ... | dacoity, or dishonestly receives from a person, whom he knows or has reason to believe to belong or to have belonged to a gang of dacoits, property which he knows or has reason to believe to have been stolen, shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine. (4) Whoever habitually receives or deals in property which he knows or has reason to believe to be stolen property, shall be punished with imprisonment |
r with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to f... | r with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine. (4) Whoever habitually receives or deals in property which he knows or has reason to believe to be stolen property, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. (5) Whoever voluntarily assists in concealing or disposing of or making away with property which he knows or has reason to bel |
for life, or with imprisonment of either description for a term which may extend to ten years, and ... | for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine. (5) Whoever voluntarily assists in concealing or disposing of or making away with property which he knows or has reason to believe to be stolen property, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. Of cheating 318.(1) Whoever, by deceiving any person, fraudulently or dishonestly induces the pers |
ieve to be stolen property, shall be punished with imprisonment of either description for a term whi... | ieve to be stolen property, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. Of cheating 318.(1) Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which |
on so deceived to deliver any property to any person, or to consent that any person shall retain any... | on so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to cheat. Explanation.A dishonest concealment of facts is a deception within the meaning of this section. Illustrations. (a) A, by fal |
act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation... | act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to cheat. Explanation.A dishonest concealment of facts is a deception within the meaning of this section. Illustrations. (a) A, by falsely pretending to be in the Civil Service, intentionally deceives Z, and thus dishonestly induces Z to let him have on credit goods for which he does not mean to pay. A cheats. (b) A, by putting a counterfeit mark on an article, intentionally deceives Z i |
sely pretending to be in the Civil Service, intentionally deceives Z, and thus dishonestly induces Z... | sely pretending to be in the Civil Service, intentionally deceives Z, and thus dishonestly induces Z to let him have on credit goods for which he does not mean to pay. A cheats. (b) A, by putting a counterfeit mark on an article, intentionally deceives Z into a belief that this article was made by a certain celebrated manufacturer, and thus dishonestly induces Z to buy and pay for the article. A cheats. (c) A, by exhibiting to Z a false sample of an article intentionally deceives Z into believing that the a |
nto a belief that this article was made by a certain celebrated manufacturer, and thus dishonestly i... | nto a belief that this article was made by a certain celebrated manufacturer, and thus dishonestly induces Z to buy and pay for the article. A cheats. (c) A, by exhibiting to Z a false sample of an article intentionally deceives Z into believing that the article corresponds with the sample, and thereby dishonestly induces Z to buy and pay for the article. A cheats. (d) A, by tendering in payment for an article a bill on a house with which A keeps no money, and by which A expects that the bill will be dishon |
rticle corresponds with the sample, and thereby dishonestly induces Z to buy and pay for the article... | rticle corresponds with the sample, and thereby dishonestly induces Z to buy and pay for the article. A cheats. (d) A, by tendering in payment for an article a bill on a house with which A keeps no money, and by which A expects that the bill will be dishonoured, intentionally deceives Z, and thereby dishonestly induces Z to deliver the article, intending not to pay for it.A cheats. (e)A, by pledging as diamonds articles which he knows are not diamonds, intentionally deceives Z, and thereby dishonestly induc |