IPC Section 379 - Punishment For Theft

According to Section 379 of the Indian Penal Code, if anyone is found guilty of theft, then they can be imprisoned for a maximum period of three years or placed under a fine or both. In cases where the theft is more serious, such as stealing from a house or graveyard, then the sentence shall be more severe, which may include fines and imprisonment for at least seven years in some situations.

This law is meant to protect people’s possessions at home. Whenever someone commits a crime under this section on theft, it usually comes out as bailable. Therefore, this gives an opportunity to an accused who can pay bail and wait for the trial depending on things like the type of theft and the background of that person.

However, crimes under Section 379 cannot be “compounded.” This means that the people involved cannot make a deal to drop the charges against the thief.

Legal Provision: IPC Section 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.

Key Details Of The IPC Section 379

• Chapter Classification: Chapter 17

• Bailable or Not: The offence is a Non-Bailable Offence

• Triable By: Any Magistrate can try the offence

• Cognizance: The offence is Cognizable

• Compoundable Offences: The offence is Compoundable by the owner of the property stolen

Explanation Of The IPC Section 379

Punishment for theft under Section 379 IPC includes imprisonment for up to three years, a fine, or both. While the punishment might appear lenient, it’s important to note that the severity can escalate based on case-specific circumstances. For instance, stealing a substantial amount or causing significant property damage during the theft may result in more severe sentences.

To constitute the offence of theft, the following ingredients are required:

• The accused must have a dishonest intention to take the property.

• The property must be moveable

• The property must be taken out of the possession of another person, resulting in wrongful gain by one and wrongful loss to another;

• The property must be moved in order to such taking, which results in obtaining property by deception; and

• Taking must be without that person’s consent (either express or implied).

Punishment:

• Jail time: The person can be imprisoned for up to 3 years.

• Fine: The person may have to pay a fine.

• Both jail and fine: In some cases, they can get both jail time and a fine.

Key Points

Cognizable Offense:

• The police can arrest the person without a warrant if they are accused of theft.

• The police have the power to investigate the case immediately.

Non-Bailable Offense:

• This means the accused cannot get bail automatically.

• They will need to apply for bail in court, and the judge will decide whether to grant it or not, depending on the seriousness of the case.

Compoundable Offense:

• This means that the person who was stolen from (the victim) can choose to settle the matter outside the court.

• The victim can drop the case if they and the accused come to an agreement. For example, if the accused returns the stolen item and apologizes.

Practical Examples Illustrating IPC Section 379

• Example 1: Stealing a Mobile Phone

A person by chance takes a phone from somebody walking on the road and escapes, this will add up to theft and will be punishable under Section 379 of IPC. This is so because of the fact that it affects removing someone else's property without his assent.

• Example 2: Stealing Trees

A cuts down a tree on Z’s ground, with the intention of dishonestly taking the tree out of Z’s possession without Z’s consent. Here, as soon as A has severed the tree in order to such taking, he has committed theft and will be punished under Section 379 of the IPC.

• Example 3: Hiding a Ring

A sees a ring belonging to Z lying on a table in Z’s house. Not venturing to misappropriate the ring immediately for fear of search and detection, A hides the ring in a place where it is highly improbable that it will ever be found by Z, with the intention of taking the ring from the hiding place and selling it when the loss is forgotten. Here A, at the time of first moving the ring, commits theft.

Penalties And Punishments Under IPC Section 379

1. Imprisonment

The most extreme prison time for somebody sentenced for theft under Section 379 is 3 years.

The imprisonment can be of either type:

• Rigorous imprisonment: The convicted person is required to do hard labour during their jail term.

• Simple imprisonment: The sentenced individual isn't expected to perform difficult work and can serve their experience with basic restrictions.

2. Fine

• An individual indicted for theft may likewise be expected to pay a fine.

• The amount of the fine is not set in stone by the court and can differ in light of the worth of the stolen property, the conditions of the case, and the damage caused to the person in question.

3. Both Imprisonment and Fine

At times, the court might force both imprisonment and a fine on the sentenced individual. This could occur assuming that the court feels the severity of the crime warrants both punishments.

Other Aspects Of Punishment Under Section 379

Discretion of the Court: The specific nature and seriousness of the punishment (prison term, fine, or both) are concluded by the court in view of the facts of the case.

• If the theft is of a minor sort or the denounced has shown regret, the punishment could be on the lighter side.

• In instances of habitual wrongdoers or theft of high-value property, the court might force the most extreme punishment.

Repeat Offenders: On the off chance that an individual is indicted for theft on different occasions, the court could consider their criminal history, possibly prompting a more serious sentence for repeat offences.

Factors Considered By The Court In Sentencing

• Worth of Stolen Property: The higher the worth of the stolen item, the more probable the court is to force a stricter punishment.

• Circumstances of the Theft: Theft involving deception, breaking into somebody's home, or using force could prompt a more extreme sentence.

• Intent and Circumstances: On the off chance that the theft was planned, coordinated, or involved casualties, the punishment could be more serious.

• Mitigating Factors: In the event that the charged returns the stolen property or communicates genuine regret, the court might reduce the punishment.

Notable Case Laws Related To IPC Section 379

State of Gujarat vs Kishanbhai (2005)

In this case, a man was found guilty of stealing jewellery. The court said it’s not enough to just have stolen things. There must be proof that the person planned to steal them on purpose.

Pyare Lal Bhargava vs State of Rajasthan (1962)

In this case, the appellant-accused was found guilty under Section 379 of the Indian Penal Code. He was a Superintendent in the Chief Engineer’s office when he had a file removed from the Secretariat by a clerk, took it home, and gave it to his friend, the co-accused, who replaced certain documents with others. The Court held that removing an office file from a Chief Engineer’s office for a day or two and making it available to a private individual for a day or two is theft since the act fulfills all the ingredients of theft under Section 378 of IPC and can be punished under Section 379.

State of Maharashtra v. Vishwanath (1979)

In this case, wherein 5 accused were involved in the transfer of possession of seven tyres and seven tubes from a railway shed, the transfer of possession of movable property without the consent of the person in possession does not have to be permanent or for a long period of time, nor does it have to be found in the accused’s custody. Even a temporary transfer will be enough to meet the criteria under Section 378.

Summary

Theft against property is an offence under Section 379 of IPC. In order to be considered stealing, certain requisites must be fulfilled or even comply with some required conditions. Therefore an offender who infringes Section 378 IPC must comply with fundamental requisites stated in Section 379 IPC in order to face punishment. For this reason it would be best to consult a lawyer regarding any questions you may have pertaining to Section 379 IPC.