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Thakur Amit Singh   20 December 2020

Theft case

In theft of 100 Kg Iron. If accused is arrested and gave the statement that he sold out iron and spent the money came from it ? Then any other section will be added or not ?


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 4 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     21 December 2020

Hello,

No more section will be added as the offence of theft is already registered with the police.

 

175B083 Mahesh P S   21 December 2020

Hello,

He can be booked for theft as per section 378 of the IPC 

Theft Section 378 of the IPC states that, 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. Whoever commits theft shall be punished with imprisonment of either descriptttion for a term which may extend to three years, or with fine, or with both. But if the person he sold it to knew that the item was stolen then that also is a crime. Receiving a property that a person knows to be a stolen one is a crime.

There are various provisions related to the receiving of stolen property in IPC. These are given under Section 410 to 414 of the IPC. Section 410 states that a property whose possession has been transferred by theft, extortion, or robbery and which has been criminally misappropriated or in respect of which criminal breach of trust has been committed, is considered a “stolen property”, where the transfer of it has been made, or its misappropriation or breach of trust has been committed, within or without India.

Section 411 proposes that whoever dishonestly receives or retains a stolen property, knowing or having reason to believe that such property is a stolen one, shall be imprisoned for a term which may extend up to three years, or with fine, or both. Therefore any person having belief or knowledge about any stolen property must not receive or retain it. 

The liability under Section 411 arises not only for dishonest “reception” but also for dishonest “retention”. The two are different as in the former, the person has received the property dishonestly but may not necessarily retain it dishonestly. However, in the latter, there is a change in the mind of the person from “honest” to “dishonest” and he then retains that property dishonestly with himself.

The offence as per Section 411 is not made punishable just for receiving a stolen property from any person for any particular reason. The offence is made punishable only when someone buys such property with the knowledge or having reason to believe that it was stolen property.

In my knowledge no other section can be added here.

I hope this was of some help,

Thank you 

 


 

P. Venu (Advocate)     23 December 2020

Why if - is this not a real query?

Isaac Gabriel (Advocate)     26 December 2020

If there is possibility to recover the value, collect the amount and avoid court proceedings which may result in his imprisonment without recovering the money value. Proceed according your xonvenience.


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