What is Theft ?

                                        If a person takes any movable property out of possession of any person without that person's consent with intention has committed theft.

• A thing attached to earth is not movable property.
• A thing to moved from one place to another without the consent of the owner is called is theft.
• A person, if moves anything by removing obstacle or by separating from other thing.
• A person, if moves anything with the help of an animal.

                             For example, a person who is friend of the other goes into his house in his absence or in his presence and takes away some valuable thing without his consent. he has committed theft.

Sections of IPC for theft :

Theft : if any person commits theft mention in above manner, he is punished u/s 379 of IPC. Maximum punishment is 3 years and offence is cognizable.

Theft in dwelling house : If any person commits theft in someones building, tent or vessel used as a human dwelling (section 380). Maximum punishment is seven years.

Theft by clerk or servant : If theft is committed by the above is punished u/s 381 IPC. Maximum punishment is 7 years.

                            If any person commits theft by putting another in fear or by causing hurt, there are other sections of the law for offence as :

When a theft becomes extortion or robbery or dacoity?

1) Extortion : If theft is committed by putting the other in fear of injury is extortion and punished u/s 384 IPC. Maximum punishment is 10 years. Sections 385 IPC, 386 IPC 3867 IPC, 387 IPC, 388 IPC, 389 IPC are meant for extortion under different conditions.

e.g. A person threatens the other that he will keep his child in wrongful confinement, unless to pay certain money and he pays in consequence.

2) Robbery : Theft or extortion becomes robbery if offender causes or attempts to cause death or hurt or fear of instant death or hurt (section 392 to 394 IPC).

e.g. A person meets the other, shows him pistol and demands money. In consequence, he pays him money.

3) Dacoity : If  five or more person commit robbery, dacoity is committed. Maximum punishment is death or life imprisonment (section 395 to 398 IPC).

                          Investigating agencies add some sections of IPC in FIR if theft is caused in house etc. by time of day or night. If lurking house trespass or house breaking is caused, then commonly section 454 IPC or 457 IPC is added in FIR.

Lurking house trespass : If someone enters into another house by concealing himself from the person who has right to exclude or eject him from the house.

House breaking : If any person enters into or exits from house in following ways :

• If enters or exits through a passage by himself for house trespass .
• If enters or exits through passage not intended by person for human entrance.
• If enters or exits in house by means not intended by the occupier of the house.
• If enters or exits the house by opening a lock in order to commit house trespass.

• If enters or exits by using criminal force or by threatening.

Important points :

• Do not disturb the spot  and preserve it till the arrival of investigating agency.
• Investigating agency collects finger prints from the spot which are sent to the finger print bureau for matching.If offender is habitual and his FP are already there, match can be helpful in detection of the accused.
• Foot prints can be taken.
• If any CCTV was working nearby can be helpful.
• Most important are the witnesses whether eye-witness or not.
• Link evidence if evidence is found during investigation in relevance to the offence.
• Latest technique is the dump-data of call details in the area. If presence of the accused  or his mobile phone is found in the area, it can be helpful.