SUGGESTIONS ON THEFT CASE

this matter cannot come under crime action that only have a civil rights

Section 378 of the Indian Penal Code, 1860 defines ‘Theft’ as follows:- 

Theft – Whoever, intending to take dishonestly any movable property out of the possession of any person without that person’s consent, moves that property in order to such taking, is said to commit theft.

Section 22 of I.P.C., 1860 defines “movable property” as follows:-
“The words “movable property” are intended to include corporeal property of every descripttion, except land and things attached to the earth or permanently fastened to anything which is attached to the earth.”

Since Section 378 I.P.C., only refers to “Movable Property” i.e. Corporeal Property, and Data by itself is intangible, it is not covered under the definition of "Theft”. However, if Data is stored in a medium (CD, Floppy etc.) and such medium is stolen, it would be covered under the definition of ‘Theft’, since the medium is a movable property. But, if Data is transmitted electronically, i.e., in intangible form, it would not specifically constitute theft under the IPC.

“Data”, in its intangible form, can at best be put at par with electricity. The question whether electricity could be stolen, arose before the Hon’ble Supreme Court in the case “Avtar Singh vs. State of Punjab” (AIR 1965 SC 666). Answering the question, the Supreme Court held that electricity is not a movable property, hence, is not covered under the definition of ‘Theft’ under Section 378 IPC. However, since Section 39 of the Electricity Act extended Section 378 IPC to apply to electricity, so it so became specifically covered within the meaning of “Theft”. It is therefore imperative that a provision like in the Electricity Act be inserted in the IT Act, 2000 to extend the application of section 378 IPC to data theft specifically.

could u pls put up few cases wherein a  theft took place in a jewlry (or any other) showroom, by the employee of the showroom itself.