Property offenses under the IPC

Section 378 of the IPC, 1860, mentions that when any person takes any property with the dishonest intention of moving any movable property from the possession of the owner of the property without their consent, this activity is known as committing theft. 

Section 387 of the IPC, 1860, mentions that when any person creates fear of injury or death to another person and demands any property for not doing this harmful  activity, this comes under extortion as per the IPC. For example, if A threatens B to give 5 lakhs of rupees, otherwise A will kill B’s son, it’s called extortion in law. 

Section 390 of the IPC 1860 defines robbery as including either extortion or theft. The concept of robbery also includes when any person threatens to give bodily injury or death and takes an owner’s property through extortion and robbery.  

Section 391 of the IPC 1860 defines when any five or more persons jointly commit or attempt to commit any robbery; then it’s known as dacoity. For example, when five people jointly committed bank robbery and they threatened the bank employees and stole the money in the bank, that was dacoity. 

Section 403 of the IPC 1860 defines the dishonest misappropriation of property as when any person legally  takes possession of property with the consent of the owner or in the belief that the owner gives consent to take that property. Later, dishonestly convert that property for their use. For example, if A gives B a gold ornament to wear at a marriage ceremony and B takes that ornament from A, this activity is not an illegal activity, but after that, if B sells that ornament without A’s consent, then this activity comes under the dishonest misappropriation of the property. 

Section 405 of the IPC 1860 defines when any person gives their property to another person, whether movable or immovable property, for taking care of or using that property, and that person sells that property without the consent of the owner for their benefit; then this is the case of criminal breach of trust. 

As per Section 410 of the IPC, 1860, stolen property is when any person receives ownership of any property by theft, extortion, robbery, or dacoity or by criminal breach of trust; then it’s a matter of stolen property.

Section 415 of the IPC defines the concept of cheating; if a person lies to someone or makes a fake promise to return something and takes any property or valuable thing, then it comes under the cheating. For example, if A promises B to give her a job in the next few days if A gives Rs.50000 to B and A gives that money to B. But if B does not give any job to A, then it comes under the concept of cheating. 

Section 425 of the IPC defines the concept of mischief: when any person intentionally or knowingly damages any other person’s property, the intent is to reduce the cost and usage of the property. 

Punishment for offenses against the property in IPC

• Punishment for theft is three years of imprisonment and fine or both, as per the mention in Section 379.
• Punishment for extortion is three years of imprisonment and a fine or both, as per the mention in Section 384.
• If any person does the crime of robbery in the daytime, they will get a punishment of imprisonment of fourteen years, and if a person commits robbery at other times, then they will receive the punishment of ten years with the rigorous imprisonment as defined in Section 392.
• If five or more persons commit the crime of dacoity, then they face lifetime imprisonment or rigorous imprisonment up to ten years and a fine as per the mention in Section 395.
• If any person makes a dishonest misappropriation of another person’s property, they will face the punishment of up to two years and a fine or both, as defined in Section 403.
• If any person makes a criminal breach of trust, then they face imprisonment of up to three years or a fine, or both, as per the mention in Section 406.
• If any person cheating in dishonesty induces delivery of property, then they receive imprisonment of up to seven years and a fine, as per the mention in Section 420. 

Financial offenses under the IPC 

Section 409 defines any person who has the responsibility of securing another person’s property, be it a banker, lawyer, public servant, agent, attorney, or broker. Illegally using that property for their own financial benefit comes under the concept of criminal breach of trust. Punishments for this crime are imprisonment of up to ten years and a fine. 

Section 232 defines any person involved in the counterfeiting of Indian coins or part of the process of counterfeiting Indian coins; then that  person receives punishment of imprisonment for life or any type of imprisonment that may extend up to ten years and a fine.  

Section 265 defines that  if any person fraudulently uses fake and incorrect  weights and measurements and gives a lesser amount of goods to the people, that comes under the concept of fraudulent use of weights and measures. This offense is punishable with imprisonment, which may extend to one year or a fine or both.  

Section 481 defines that if any person marks any movable property or package in that manner belonging to another person despite not being the owner, that comes under the offense of false property marking. According to Section 482 of the IPC, the offender is punishable with imprisonment of up to one year and  a fine. 

Section 489 defines the term tampering  with property marks” as any person intentionally making any tampering or changes in property marks with the intention of harming or injuring another. For this offense, accused  receives the punishment of imprisonment for one year or a fine, or both. 

Section 420 defines if any person cheats another person because of this, if the other person loses their property, like by making changes to or destroying any valuable documents that are used for security. For this offense, the  person receives the punishment of imprisonment up to 7 years with a fine. 

Criminal conspiracy

As per Section 120A of the Indian Penal Code, 1860, Criminal conspiracy is when two or more people are doing any illegal activity or doing any valid activity in illegal ways. Term illegal is defined under Section 43 of the IPC; illegal means any activity that is prohibited by the law or any activity that is considered grounds for civil action.

Punishment for criminal conspiracy

Section 120B of the IPC defines punishment for criminal conspiracy in two types; it basically depends on the seriousness of the crime. If any person is part of a conspiracy to commit any dangerous crime, then they receive the punishment of death, life imprisonment or rigorous imprisonment for 2 years or more for involvement in conspiracy or crime. 

If a person is part of a conspiracy to commit any less serious crime, then that person receives the punishment of imprisonment up to 6 months or a fine or both. In a criminal conspiracy, punishment depends on what the crime is. 

Proving a criminal conspiracy

Proving criminal conspiracy is a difficult task for victims or victim lawyers; proving it mainly depends on the circumstantial evidence, which includes the activity of the conspirator and the communication of the conspirator with the other members. 

In the criminal conspiracy, the court mainly sees circumstantial evidence that includes the activity of the person who helped commit that crime. 

Another piece of evidence to help prove the criminal conspiracy of any person was their communication activity. It includes the person’s email, messages, or other forms of communication related to criminal activity. 

Defence of criminal conspiracy 

• Accused claim that there was an absence of criminal intent in the activity done by them and other members.  
• Accused can claim there was not any agreement made between them and other members about committing any criminal activity. 
• The accused can claim that he withdrew interest from the criminal conspiracy before the criminal activity happened. 

Rash driving or riding on public way 

Section 279 of the IPC governs the charge of rash driving on a public road. Driving a vehicle on a public road negligently creates danger to the lives of people or harms or creates injury to other people. That person receives punishment of imprisonment up to six months and a fine up to one thousand rupees, or both. 

How to file a case under Section 279 of the IPC, 1860

• The victim can file an FIR at the nearest police station and, along with that, provide the details of the incident with the FIR, like how the negligent driving of the offender creates a threat to the life of the victim. 
• The next step is court proceedings, for which it’s advisable to hire a good lawyer to represent the victim’s case. Proving the charge of negligent driving in court is a difficult task. It needs presentation of various circumstantial evidence like eyewitness testimony, CCTV footage, scene examination, police reports, or medical evidence to handle this complex process; hiring a professional lawyer is always beneficial. 

What are the defenses available for accused in rash driving or riding on public ways 

• The accused can claim that driving was not highly reckless; it’s careless but not completely negligent. 
• The accused can claim that the activity of driving was careless, but drivers do not have the intention to create danger to another person’s life. 
• The accused can claim that the presented evidence from the prosecution is fake and not sufficient to prove the charge of negligent driving. 
• In some matters, parties settle the case with a mutual settlement, or the court quashes the cases if no clear evidence is found about the careless driving. 

Why you choose the Right To Law Firm as your legal assistance 

Experience legal assistance 

We are a Noida-based law firm that provides assistance in various types of law cases. Our firm has a team of experienced lawyers in different law categories. Our lawyers first deeply analyze and study the client’s case and then create tailor-made strategies for the client. Whether they are the victim or the accused, we provide the same dedication and legal assistance to each client. 

Drafting and collecting evidence 

Our firm lawyers can draft all the documents a client needs in their legal proceedings, helping a client to file a complaint, whether it’s a crime against property or finance. Our lawyers help the client to file a complaint and FIR in rash driving matters and effectively represent the client’s case in front of the judiciary.  We help the client to collect evidence as a victim, to collect the evidence for proving the crime, and, if you are accused, to collect evidence that mitigates the crime factor. 

Protecting client interest and rights 

We provide legal solutions and suggestions that do not hamper the rights and interests of the client. Mostly accused rights are hampered in the legal proceedings, but we ensure the accused can get all their constitutional rights, such as claiming bail, best defense strategies, or legal assistance in collecting evidence that reduces the crime factor. 

Court representation 

Our lawyers have years of experience representing or defending complainants and the accused in the courts. Our lawyers represent and defend the client in court in frivolous cases, whether it’s the victim or the accused.

FAQs – Property and Financial Offences