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he had Z's implied consent to use Z's book. If this was A'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 2, 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

. (o) A is the paramour of 2's wife. She gives A valuable property, which A knows to belong to her husband 2, 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 ?.

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.

Punishment for theft.

Theft in dwellinghouse, &c.

380. Whoever commits theft in any building, tent or vessel4, 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.

i Sec. 52.

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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 ite 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.

2 is dunned by his tailor. A a servant of 2, 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 belongs 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

out his consent, moves it from B': counter, but is unable to carry it off owing to its being tied to the counter: A has committed theft, though the pencil has never been in his power.

or with whipping, Act VI of 1864, sec. 2. Fine inflicted under sec. 379 may be applied to compersate the loss sustained by the sufferer, Cr. P. Code, sec. 545. Where the value of the property stolen does not exceed Rs. 50, offences under sees. 379, 380, 381 may be tried summarily (ibid. sec. 260).

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 nos included under it. Therefore one convicted of 'theft 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., C. Ca. 68. Theft by constables from the house they were employed to guard is punishable under sec. 380, not see. 409.

That the property in stolen goods

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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

a of any property in the possession of his master or employer, property

in posses. 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 ?

prepara

382. Whoever commits theft, having made preparation for Theft after causing death or hurt 3 or restraint 4, or fear of death or of hurt

tion made or of restraint, to any person, in order to the committing of for causing

death or 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 5.

Ilustrations. (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 2 should resist. A has committed the offence defined in this section.

(6) 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.

Ertortion.

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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(other than cash, or bills or notes
payable to bearer which circulate as
cash) remains in the owner, see i N.
W. P. 298.
1 See sec. 27, and p. 36, supra.
or whipping, Act VI of 1864,

or whipping, Act VI of 1864,

sec. 2.

C. sec. 44.

2

sec, 2.

A hired boatman is not a servant' under sec. 381; 8 Suth. Cr. 32, col. 1. But a barkandáz placed in guard over Police Treasury buildings in which was a box containing money is ' employed in the capacity of a servant, 2 Suth. Cr. 55. A bays goods and sends his servant B to receive them; B dishonestly carries

В. them away; B has committed theft.

As to the duty of the public to give information of the offence punishable under sec. 382, see Cr. P.

. 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.

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

3 Sec. 319.

* This doubtless means wrongful restraint,' sec. 399

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dishonestly induces the person so put in fear to deliver 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 2, unless 2 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 2 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 2 will sign and deliver to B a bond binding 2 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 2 in fear of grievous hurt?, dishonestly induces Z to sign or affix his seal to a blank paper, and deliver it to A. 2 signs and delivers the paper to A. Here, as the paper so signed may be converted into a valuable security, A has committed extortion.

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Punish- 384. Whoever commits extortion shall be punished with ment for imprisonment of either description for a term which may extortion.

extend to three years, or with fine, or with both. Putting 385. Whoever, in order to the committing of extortion, in fear of

puts any person in fear or attempts to put any person in fear injury in order to of any injury', shall be punished with imprisonment of either

· Delivery is essential. Where, where Couch C.J. added that it therefore, A and B, falsely alleging would not be necessary, under such that they were Government officials, circumstances, to charge the receivers stopped Z's boat and plundered it, 2 with abetment, although that might through fear of wrongful restraint be done. making no resistance, A and B were guilty of robbery, not extortion, 5 Suth. Cr. 19-20.

% Here, as in the definitions of 8 A having bought from Governcriminal breach of trust and cheat- ment the right of carrying any fire ing, 'property' seems to include im- wood he might find lying on the moveable well moveable ground in a certain jungle, threatens property.'

5 Sec. 499. 6 Sec. 340. ? Sec. 320.

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to detain a cartload of firewood which

B has collected in the jungle and is * It is not necessary that the threat taking to his home, and thereby inshould be used, and the property re- duces B to pay him money as the ceived, by one and the same indi- price of the wood. Here A has vidual. It may be a matter of ar- not committed extortion, as there was rangement between several persons no such fear of injury as is contemthat the threat should be used by plated by sec. 383, nor was the money some, and the property received by given by B in consequence of any others; and they would all be guilty such fear, 3 Bom. H. C., Cr. Ca. 45. of extortion, 2 Bom. H. c. 418,

3 Sec. 30.

9 Sec. 44.

a

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 Kurt. liable to fine.

2

387. Whoever, in order to the committing of extortion, Putting in

fear of puts or attempts to put any person in fear of death or of

death or grievous hurt 1 to that person or to any other, shall be punished grievous with imprisonment of either description for a term which may order to

hurt, in extend to seven years, and shall also be liable to fine.

commit

extortion. 388. Whoever commits extortion by putting any person in Extortion fear of an accusation ? against that person or any other, of

by threat

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 4, 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.

offence

or trans

&c.

389. Whoever, in order to the committing of extortion, Putting in

fear of acputs or attempts to put any person in fear of an accusation

cusation against that person or any other, of having committed, or of such

offence, in attempted to commit, an offence 3 punishable with death, or order to with transportation for life, or with imprisonment for a term commit

extortion. which may extend to ten years 4, 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 5.

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Robbery and Dacoity. Robbery. 390. In all robbery there is either theft or extortion. When theft 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 ?, voluntarily 3 causes or attempts to cause to any person death or hurt + or wrongful restraint 5, or fear of instant death or of instant hurt or of instant wrongful

restraint. When ex

Extortion is 'robbery,' if the offender, at the time of comrobbery. mitting 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 6 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 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.

(6) A meets 2 on the high road, shows a pistol, and demands I's purse.

2, 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 2 and Z's child on the high road. A takes the child, and threatens to Aling it down a precipice, unless Z delivers his purse. 2, in consequence, delivers his purse. Here A has

5 Sec. 339.

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

? 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. Č. 329

6 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.

$ Sec. 39

Sec. 319.

8 Sec. 25.

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