Offences Against Property

Question 1

Ingredients of theft ? Number of elements

Answer 1

Sec 378
303 (1) of BNS

1. Moves a property
2. Dishonest intention to take property
3. Moveable
4. Should be taken out of the posession of the owner
5. Without the consent of the owner

Question 2

Extortion

Answer 2

Sec 383- extortion
1. Intentionally puts any person in fear of injury
2 dishonestly causes him to deliver any property to any person

Question 3

Difference between theft and extortion

Answer 3

1. Consent - no question vs fear
2. Moveable vs mov/immov
3. No question of fear vs necessary element
4. Dishonest removal of property vs the person under fear delivers

Question 4

When does theft becomes robbery

Answer 4

1. Sec 390 - in all robbery there are elements of either theft or extortion

Theft

1. 5 elements of theft
2. Additionally if there is use of force in the form of D/WR/H or threat of DWRH
3. Note that force must be used for obec of the following 4 ends- commiting theft, while commiting, carrying away, in attempting to carry away

Illn - theif being pursued by owner abandons

4. The hurt caused by offender must be voluntary not accident

Question 5

When does extorsion becomes robbery

Answer 5

1. Sec 383 - 2 elements

Additionally

1. When offender in the presence
2. Fear of instant death, injury, wr
3. Deliver then and there

Question 6

Dacoity

Answer 6

1. Sec 391 - 5 or more, conjointly, commits robbery or attempts to do so .

Anyone who are present and aiding while the crime happens are also counted as memebers

2. Sec 396 - any one of the 5 , commits murder while dacoity, everyone shall be punished with death or life

3.sec 399- preparation to commit dacoity also punished

Chandrika vs state - 7 assembled. Presence of 3 doubtful. No conviction under 399

Question 7

Different theft, robbery, dacoity

Answer 7

1. R- aggravated theft
   D- aggravated robbery
2. Moveable property in theft. Moveable or immovable in robbery or dacoity
3. No question of force in theft
4. One person - theft or robbery. Min 5 dacoity

Question 8

Criminal misappropriation of property intro

Answer 8

Sec 403

1. Dishonestly
2. MisAppropriates or converts to his own use , property which belongs to another
3. Such property must be moveable

Initial possesion was innocent. But retention becomes wrongful by subsequent change of intention or from knowledge of some new fact whch was previously not known.

Question 9

Case for criminal misappropriation

Answer 9

Emp vs raza husain

A & B benares train. Ajudhia, benares cantonment.

Question 10

Explanations of criminal misappropriation

Answer 10

403
Exp 1: temporary misappropriation -

A pledges z blank promissiory note

Exp 2: Finder of good not guilty unless he appropriates to his own use– when he knows, has means to discover, didn’t keep the property for a reasonable time to enable the owner to claim it

Question 11

Theft vs CMP

Answer 11

1. Theft- intention to take out of posession
   CMP- already in posession either lawfully or if not strictly lawful aquired it under a mistaken notion of a right in himself

2 theft - moving itself is an offence
Cmp- moving itself may not be. It’s the subsequent misappropriation

3 no consent. Intital consent subsequent conversion

4 dishonest intention preceeds theft. It’s subsequent and manifested as misappropriation

Question 12

Intro of criminal breach of trust with its 3 elements

Answer 12

Sec 405

1. The accused entrusted
2. Dishonestly- misappropriates, converts to his own use, used it, disposes it off
3. In violation of law in place, any legal contract

Question 13

Case under Cbt

Answer 13

Vishwanaths case - if a person commits CBT and then returns the amount missapropriated won’t absolve him

Question 14

Three headings for difference between theft and CBT

Answer 14

1. Offence - Taking out vs entrustment
2. Consent
3. Fiduciary relationship

Question 15

Intro for plea bargaining

Answer 15

Pre trial negotiations between accused and prosecution during which the accused agrees to plead guilty in return of.
Criminal amendment Act 2005
Malimath commt

Plea bargaining under the Bharatiya Nagarik Suraksha Sanhita (BNSS)- retained under Chapter 23

Question 16

Features of plea bargaining

Answer 16

1. Less than 7 years
2  not when life sentence or death
3. Victim woman or child
4. Not available to juvenile, habitual offenders and offenders in socioeconomic offences
5. Court ensures plea is voluntary, explains implications, and facilitates a mutually satisfactory disposition between parties
6. Reduced sentence, lesser charges, or alternative punishments

Question 17

Positives of plea bargaining and guidelines

Answer 17

1. Judicial pendancy
2. Prison statistics- undertrials
3. Owercrowded- occupancy
4. reformative
5. Social stigma

Care to taken that:
Plea of the accused should be voluntary and expressed in unambiguous manner

Question 18

Against plea bargaining

Answer 18

1. Retributive and detterence
2. Kasambhai vs state of gujrat - encourage corruption, collusion
3. Mechanical
4. If application rejected, then difficult to prove innocent
5. Innocent

Question 19

Criminal defamation

Answer 19

Sec 499

Essentials
1. Making or publishing imputations concerning
2 by word, sign, visble representation
3 . Intention or knowledge that such imputations will harm the reputation of the concerned person

Exp 4 of sec 499
What imputations harms reputation
Lowers in estimation of other
2. Moral and intellectual character
3. The character of that person in respect of caste and calling
4. Credit of the person
5. Body of that person in some loathsome state

Question 20

10 exceptions in DEFAMATION

Answer 20

1. True and made for pubic good
2. True report of the proceedings of court
3. Good faith about personal conduct of a public servant
4. GF.. Conduct of any person touching any public question
5. Merits of public performance
6. Censure passed by lawful authority
7. Complaints preferred to lawful authority
8. Merits of case and witness
9. Imputations made in good fauth by person for protection of his interests or others
10. Caution intended for good of person conveyed or for public good

Question 21

Criminal tresspass

Answer 21

Sec 441

1. Unauthorized entry into anothers posession
2. Entering lawfully but remaining there unlawfully
3. Intention- intimidate, insult, annoy OR to commit an offence

Question 22

House tresspass

Answer 22

Sec 442

1. Criminal tresspass
2. Such tresspass- building, tent, vessel
3. Such BTV- dwelling place, place of worship, place of storing property

Question 23

Lurking house tresspas

Answer 23

Sec 443

1. Tresspass
2. House tresspass
3. Surreptitiously, so as to conceal from the one who has right to exclude the trespasser

Question 24

House breaking

Answer 24

Sec 445

1. House tresspass
2. Entrance in one of the six ways
3. Passage made by himself or abettor
4. Not intented for exit or entry
   3 passage opened for commiting HT
   4 SCALING
   5 opening locks
5. Criminal force or assault

Question 25

Landlord cuts 🔌 connection to his tenant in order to pressurize him to pay. What is the offence

Answer 25

Sec 425 mischief 1. Intention or knowledge of likelihood to cause wrongful loss or damage to any person 2. Destruction of property or change in situation 3. Such change -Property must be destroyed, value diminished, utility is marred. Exp 2 - destroys own property to cause wrongful loss to another Brojo lakshmi Paul vs sailderanath Ship casteaway so that loss to underwriters Joint property - shoots horse Punishment 426

Question 26

Essential elements of cheating-415

Answer 26

1. Deceive- fraudulently- intentionally 2 induced to - deliver or let other retain, do or omit to do 3. Injury to BMRP

Question 27

Theft vs extortion vs robbery points of comparison

Answer 27

1. Consent 2. Moveable or immovable property 3. Force or fear 4. Delivery of property 5. Number of culprits - 1 or more in all the cases

Question 28

Removal of body from dead body - robbery or theft

Answer 28

Balla Munshi vs state Dead body is not a body , so cannot be taken OUT OF HIS POSESSION Guilty of dishonest misappropriation

Question 29

Dacoity punished at different stage

Answer 29

1. 399- preparation to commit dacoity 2. 400- belonging to a gang for habitually committing dacoity 3. 402- assembling for the purpose of committing dacoity 4. 391, 395 - punishment by RI extend up to 10 years 5. 396- dacoity with murder 6. 397 - dacoity with attempt to cause death or grievious hurt 7. 398- attempt to commit dacoity when armed with deadly weapons

Question 30

Murder while dacoity. Ran away and then murder,396 or 302 ?…

Answer 30

Shyam Behari vs state -transaction of dacoity ended the moment dacoit fleed, bcoz in this case dacoits fleed leaving behind . So 302 and not 396 Laliya vs state — considerations 1. Whether the dacoits fleed abandoning their booty 2. Time interval between attempt of dacoity and commission of murder 3. Distance of these two places 4. Lapse of interval between abandonment of booty and murder

Question 31

Criminal breach of trust vs criminal misappropriation

Answer 31

1. Mode of acquiring property- posession of property casually or otherwise vs lawfully entrusted 2. Fiduciary or contractual relation between the parties 3. Misappropriation- moveable vs moveable / immoveable 4. Breach of trust includes and element of misappropriation, not vice versa

Question 32

Mischief

Answer 32

425 1. Intention or Knowledge of likelihood - of causing wrongful loss to public or any person 2. Destroys an object, changes it, change in its situation 3. Such changes - destroys its value,utility, affect it injuriously Explain 2 - can do mischief by destroying one’s own property- with the intention of causing wrongful loss or damage to anybody else is also guilty of mischief EXP 1: intention of causing loss to owner not required. knowledge of likelihoof of damage to anybody is enough