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Punishment for theft.

Theft in

dwelling

he had Z's implied consent to use Z's book. If this was 's impression, A has not committed theft.

(n) A asks charity from Z's wife. She gives A money, food and clothes, which A knows to belong to Z, her husband. Here, it is probable that A may conceive that Z's wife is authorised to give away alms. If this was A's impression, A has not committed theft.

(0) A is the paramour of Z's wife. She gives A valuable property, which A knows to belong to her husband Z, and to be such property as she has not authority from Z to give. If A takes the property dishonestly, he commits theft.

(p) A in good faith', believing property belonging to Z to be A's own property, takes that property out of B's possession. Here, as A does not take dishonestly, he does not commit theft 2.

379. 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 3.

380. Whoever commits theft in any building, tent or house, &c. vessel, which building, tent or vessel is used as a human dwelling, or for the custody of 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.

1 Sec. 52.

So if A's sheep stray from his flock into B's flock and B by mistake treats them as his own.

A suspecting his bullock to have been poisoned causes its carcase to be buried, B digs up the carcase. Here, as A had given up all property in, and possession of, the carcase, B does not commit theft, 4 Mad. H. C. Rulings, xxx.

A, a chaukidár, thinking he was
doing rough justice, takes a woman's
cows against her will and divides
them among her creditors; A has
committed theft, 3 Suth. Cr. 2.

Z is dunned by his tailor.
A a
servant of Z, without Z's consent,
delivers Z's plate to the tailor, telling
him to pay himself thereout; A has
committed theft, 3 Suth. Cr. 4.

A, believing that a certain book be-
longs to B and intending to take it
dishonestly out of B's possession
without his consent, removes it from
B's library: the book in fact belongs
to A he has nevertheless committed
theft.

A intending to take a pencil dishonestly out of B's possession with

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5

Sec. 48.

or whipping, Act VI of 1864, sec. 2. But the offence under sec. 380 is a distinct offence from that of theft under sec. 378, and is not included under it. Therefore one convicted oftheft in a dwelling-house' who had previously been convicted of simple theft, is not thereby rendered liable to whipping under Act VI of 1864, sec. 3; see 7 Bom. H. C., Cr. Ca. 68. Theft by constables from the house they were employed to guard is punishable under sec. 380, not sec. 409.

That the property in stolen goods

1

clerk or

in posses

381. Whoever, being a clerk or servant, or being employed Theft by in the capacity of a clerk or servant, commits theft in respect servant of of any property in the possession of his master or employer, property shall be punished with imprisonment of either description for sion of a term which may extend to seven years, and shall also be master. liable to fine 2.

prepara

death or

382. Whoever commits theft, having made preparation for Theft after causing death or hurt or restraint, or fear of death or of hurt tion made or of restraint, to any person, in order to the committing of for causing such theft, or in order to the effecting of his escape after the hurt. 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 Z's 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) A picks Z's 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.

Extortion.

383. Whoever intentionally puts any person in fear of Extortion. any injury to that person or to any other, and thereby

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5 or whipping, Act VI of 1864, sec. 2. As to the duty of the public to give information of the offence punishable under sec. 382, see Cr. P. C. sec. 44.

Sec. 44. Reading sec. 383 with sec. 390, it seems that the threatened injury referred to in the former section includes every injury, present or future, except instant death, instant hurt, or instant wrongful restraint. A criminal charge may be 'injury' within the meaning of this section, and Norman J. held that extortion may be equally committed whether the charge be true or false, 7 Suth. Cr. 28.

7 No tie of relationship etc. is requisite, M. & M. 345.

Punish

dishonestly induces the person so put in fear to deliver1 to any person any property 2 or valuable security 3, or anything signed or sealed which may be converted into a valuable security, commits extortion 4.'

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 Z's child in wrongful confinement, unless Z will sign and deliver to A a 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 club-men to plough up Z's 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.

(d) A, by putting Z in fear of grievous hurt 7, 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, ▲ has committed extortion 8.

384. Whoever commits extortion shall be punished with ment for imprisonment of either description for a term which may extend to three years, or with fine, or with both.

extortion.

Putting

in fear of injury in order to

385. Whoever, in order to the committing of extortion, puts any person in fear or attempts to put any person in fear any injury, shall be punished with imprisonment of either

of

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where Couch C.J. added that it would not be necessary, under such circumstances, to charge the receivers with abetment, although that might be done.

5 Sec. 499. 6 Sec. 340. 7 Sec. 320.

A having bought from Government the right of carrying any firewood he might find lying on the ground in a certain jungle, threatens to detain a cartload of firewood which B has collected in the jungle and is taking to his home, and thereby induces B to pay him money as the price of the wood. Here 4 has not committed extortion, as there was no such fear of injury as is contemplated by sec. 383, nor was the money given by B in consequence of any such fear, 3 Bom. H. C., Cr. Ca. 459 Sec. 44.

description for a term which may extend to two years, or with commit fine, or with both.

extortion.

386. Whoever commits extortion by putting any person in Extortion fear of death or of grievous hurt to that person or to any in fear of by putting other, shall be punished with imprisonment of either description death or grievous for a term which may extend to ten years, and shall also be hurt. liable to fine.

fear of

death or

387. Whoever, in order to the committing of extortion, Putting in 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 grievous with imprisonment of either description for a term which may order to extend to seven years, and shall also be liable to fine.

hurt, in

commit

extortion.

by threat

offence

or trans

388. Whoever commits extortion by putting any person in Extortion fear of an accusation 2 against that person or any other, of of accusahaving committed or attempted to commit any offence 3 tion of punishable with death, or with transportation for life, or with punishable imprisonment for a term which may extend to ten years, or of with death having attempted to induce any other person to commit such portation 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; and if the offence be one punishable under section 377, may be punished with transportation for life 5.

&c.

fear of ac

offence, in

extortion.

389. Whoever, in order to the committing of extortion, Putting in puts or attempts to put any person in fear of an accusation cusation against that person or any other, of having committed, or of such attempted to commit, an offence 3 punishable with death, or order to with transportation for life, or with imprisonment for a term "commit 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; and if the offence be punishable under section 377, may be punished with transportation for life.

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Robbery and Dacoity.

Robbery.

When theft

1

390. In all robbery there is either theft 1 or extortion. Theft is 'robbery' if, in order to the committing of the is robbery. 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 2, voluntarily 3 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.

When extortion is robbery.

4

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.

6

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 7.

Illustrations.

(a) A holds Z down, and fraudulently takes Z's money and jewels from Z's clothes, without Z's consent. Here A has committed theft, and, in order to the committing of that theft, has voluntarily caused wrongful restraint to Z. A has therefore committed robbery.

(b) A meets Z on the high road, shows a pistol, and demands Z's 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 Z's 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

1 The act must be done dishonestly (sec. 24), and see 3 Mad. H. C. 254

2 A having committed theft of B's goods finds himself observed, abandons the goods and runs away, throwing stones at B to prevent pursuit. Here A has not committed robbery, Mad. H. C. Pro., cited Mayne, P. C. 329.

Sec. 39.

+ Sec. 319.

5 Sec. 339.

Threats of future death, hurt or wrongful restraint would not be enough.

"This explanation was inserted to meet the case where the offender utters threats, not in the actual presence, but in the hearing, of the person put in fear. 8 Sec. 25.

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