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. Section 379 IPC is cognizable and non bailable.
The section deals with stealing property belonging to another person. It covers both physical and non-physical forms of theft.
Who Can Be Prosecuted Under Section 379 IPC?
Anyone who steals any article of value (whether movable or immovable) belonging to another person can be prosecuted under this section. This includes anyone who commits theft even though he/she does not intend to deprive the owner permanently of his/her possession.
What Is The Punishment For Theft?
If an accused is found guilty of theft, he/she will be punished according to the provisions of the Indian Penal Code (IPC). According to Section 379 IPC: 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. Under Section 380, the punishment for theft ranges from imprisonment for a term which may extend to seven years and fine.
According to Section 379, whoever dishonestly takes or moves any movable property out of the possession of any person without that person’s consent and with the intention of permanently depriving that person of the property, is said to commit theft.
In simpler terms, theft occurs when someone unlawfully takes or removes someone else’s movable property without their consent, intending to permanently deprive the owner of that property.
The punishment for theft, as stated in Section 379, is imprisonment of either description for a term which may extend to three years, or with a fine, or both. The exact punishment may vary depending on the circumstances of the case, the value of the stolen property, and the criminal history of the offender.
It’s important to note that theft is a non-cognizable offence, which means that a police officer cannot arrest a person without a warrant in relation to this offence. However, if the theft is committed in a dwelling house, on board a vessel, or on a tract of land appropriated for the cultivation of crops, it becomes a cognizable offence, allowing the police to make an arrest without a warrant.
Section 380 further provides for additional punishments in certain situations. For example, if the theft is committed in a building, tent, or vessel which is used as a human dwelling, or is committed by a clerk or servant of the owner of the property, or involves property that has been entrusted to the offender, the punishment may be enhanced.
In conclusion, Section 379 of the Indian Penal Code defines theft and prescribes the punishment for committing this offence. It encompasses the act of dishonestly taking or moving someone else’s movable property without consent, with the intent to permanently deprive the owner of the property. The punishment for theft can include imprisonment for up to three years, a fine, or both.