365. Kidnapping or abduction with intent secretly and wrongfully to confine person.- Whoever kidnaps or abducts any person with intent to cause that person to be secretly and wrongfully confined, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Punishment-Imprisonment for 7 years and fine -Cognizable –Non-bailable-Triable by Magistrate of the first class–Non-compoundable.
COMMENTS
Where sufficient evidences prove that the victim was above 18 years of age the convections of accused can not be done under section 336-A, section 372 of IPC but for an offence of punishment under section 365 IPC is liable to be prosecuted ; Shaikh Ramjan v. State, 1999 Cr LJ 2161 (AP).
_____________________________________________________________
366. Kidnapping, abducting or inducting woman to compel her marriage, etc.- Whoever kidnaps or abducts any woman with intent that she may be compelled, or knowing it to be likely that she will be compelled , to illicit intercourse , shall be punished with likely that she will be forced or seduced to illicit intercourse, shall be punished with imprisonment or either description for a term which may extend to ten years, and shall also be liable to fine; 1[ and whoever, by means of criminal intimidation as defined in this Code or of abuse of authority or any other method of compulsion, induces any woman to go from any place with intent that she may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall be punished as aforesaid].
CLASSIFICATION
OF OFFENCE
Punishment-Imprisonment for 10 years and fine -Cognizable –Non-bailable-Triable by any Session–Non-compoundable.
2[366A. Procuration of minor girl] Whoever, by any means whatsoever, induces any minor girl under the age of eighteen years to go from any place or to do any act with intent that such girl may be, or knowing that it is likely that she will be , forced or seduced to illicit intercourse with another person shall be punishable with imprisonment which may extend to ten years , and shall also be liable to fine.]
Punishment-Imprisonment for 10 years and fine -Cognizable –Non-bailable-Triable by Court of Session –Non-compoundable.
2[366B. Importation of girl from foreign country.- Whoever imports into 3[India ] from any country outside India
1.
1.Added
by Act 20 of 1923, sec 2.
2.
2.Ins.
by Act 20 of 1923, sec.3.
3.
3.The
words “ British India” have successively been subs. by the A.O. 1950, the A.O. 1950 and Act 3 of
1951 , sec. 3 and Sch. to read as above.
4[or form the State of Jammu and Kashmir] any girl under the age of twenty –on years with intent that she may be. Or knowing it to be
likely that she will be , forced or seduced to illicit intercourse with another person, 5[***] shall be punishable with imprisonment which may extend to ten years and shall also be liable to fine].
Punishment-Imprisonment for 10 years and fine -Cognizable –Non-bailable-Triable by Court of Session –Non-compoundable.
COMMENTS
Where the age of prosecutrix was 14 years at the time at the time of incident not proved while ossification test report suggested her age about 40 years and further she willingly gone with accused without making complaints to any body on way thus no offence is made out and as such accused without making complaints to any body on way thus no offence is made out and as such accused without making complaints to any body on way thus no offence is made out and as such conviction is liable to set aside; Shakeel alias Pappoo v. State of Uttar Pradesh, 2000 Cr LJ 153 (All).
4. Ins. by Act 3of
1951, sec. 3 and Sch .
5. Certain words omitted by Act 3 of 1951, sec.3 and Sch.
(ii) Consent of a minor prosecutrix does not matter she was taken to spearte places for making sexual intercourse away form her lawful guardians , here came as different in FIR dies not matter as it was hr pet name, under such circumstances accused is guilty of knidnapping and raping a minor for days long; Mohandas Suryavanshi v. State of Madhya Pradesh, 1999 Cr LJ 3451 (MP).
367. kidnapping or abducting in order to subject person to grievous hurt, slavery, etc.-Whoever kidnaps or abducts any person in order that such person may be subjected, or may be so disposed or as to be put in danger of being subject to grievous gurt, or slavery, or to the unnatural lust of , shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Punishment-Imprisonment for 10 years and fine -Cognizable –Non-bailable-Triable by Court of Session –Non-compoundable.
368. Wrongfully concealing or keeping in confinement, kidnapped or abducted person.- Whoever, knowing that any person has been kidnapped or has been abducted wrongfully conceals or confines such person, shall be punished in the some manner as if he had kidnapped or abducted such with the same intention ir knowledge, or for the same purpose as that with or for which he conceals or detains such person in confinement,
Punishment-Punishment for kidnapping or abduction-Cognizable –Non-bailable-Triable by court by which the kidnapping or abduction is triable –Non-compoundable.
369. Kidnapping or abducting child under ten years with intent to steal from its person.- Whoever kidnaps or abducts any child under the age or ten years with the intention of taking dishonestly any moveable property from th4e person of such child, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Punishment-Imprisonment for 7 years and fine -Cognizable –Non-bailable-Triable by Magistrate of the first class –Non-compoundable.
370. Buying or disposing of any person as a slave.- Whoever imports, exports, removes, buys , sells or disposes of any person as a slave, or accepts , receives or detains against his will any person as a slave, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Punishment-Imprisonment for 7 years and fine -Cognizable –Non-bailable-Triable by Magistrate of the first class –Non-compoundable.
371. Habitual dealing in slaves.- Whoever habitually imports, exports, removes, buys, sells, traffics or deals in slaves, shall be punished with 1[imprisonment for life], or with imprisonment of either description for a term not exceeding ten years, and shall also be liable to fine.
Punishment-Imprisonment for life ,or imprisonment for 10 years and fine -Cognizable –Non-bailable-Triable by Court of Session –Non-compoundable.
372. Selling minor for purposes or prostitution , etc.- Whoever sells, lets to hire, or otherwise disposes of any 1[person under the age of eighteen years with intent that such person shall at any age be] employed or used for any such propose , or knowing to be likely that such parson will at any age be employed or used for any such purpose, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall be liable to fine.
2[Explanation I.-When a female under the age of eighteen years is sold, let for hire, or otherwise disposed of to a prostitute or to any person who keeps or manages a brothel, the person so disposing of such female shall , until the contrary is proved, be presumed to have disposed of her with the intent that she shall be used for the purpose of prostitution.
Explanation II. For the purposed of this section” illicit intercourse” means sexual intercourse between parsons not united by marriage or by any union or tie which, though to amounting to a marriage, is recognized by the personal law or custom of the community to which they belong or , where they belong to different communities, of both such communities, as constituting between them a quasi-marital relation.
_____________________________________________________
1.
Subs.
by Act 26 of 1955, sec 117 and Sch., for “transportation for life”
(w.e.f.-1-1956).
Punishment-Imprisonment for 10 years and fine -Cognizable –Non-bailable-Triable by Court of Sessioin–Non-compoundable.
When the offence under section 372 and 366-A is not proved due to age of victim the conviction under lesser offence and lesser punishment is applicable .The legislature is advised by Court to consider this legal flaw; Shaikh Ramjan v. State, 1999 Cr LJ 2161 (AP).
373. Buying minor for purposes of prostitution ,etc.- Whoever buys, hires or otherwise obtains possession of any 1[person under the age of eighteen years with intent that such person shall at any age be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, of knowing
It to be likely that such person will at any age be] employed or used for any purpose, shall , punished with imprisonment of either description for a tem which may extend to ten years, and shall also be liable to fine.
3[Explanation I.- Any prostitute or any person keeping or managing a brothel, who buys , hires or otherwise obtains possession of a female under the age of eighteen years shall , until the contrary is proved, be presumed to have obtained possession of such female with he intent that she shall be used for the purpose of prostitution.
Explanation II.- “ Illicit intercourse” has the same meaning as in section 372.]
_______________________________________________________________
1.
Subs.
by Act 18 of 1924, sec.2 , fro certain
words.
2.
Ins.
by Act 18 of 1924, sec.3.
3. Ins. by act 18 of 1924, sec.4.
CLASSIFICATION
OF OFFENCE
Punishment-Imprisonment for 10 years and fine -Cognizable –Non-bailable-Triable by Court of Sessioin–Non-compoundable.
374. Unlawful compulsory lab our.-Whoever unlawfully compels any person to lab our against the will of that person, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.
Punishment-Imprisonment for 1years, or fine, or both -Cognizable –Bailable-Triable by any Magistrate–Non-compoundable.
1[Sexual offences]
2[375. Rape.- A man is said to commit “trap” who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the six following descriptions:-
First.- Against her will.
Secondly.- Without her consent.
Thirdly.- With her consent, when her consent has been obtained by putting her or any person in whom she is interested in fear of death or of hurt.
Fourthly.- With her consent, when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she
is or believes herself to be lawfully married.
Fifthly.- With her consent, when at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent
Sixthly.- With or without her constitute, when she is under sixteen years of age .
_______________________________________________________________
1.
Subs.
by Act 43 of 1983, sec.3, for the
heading “ Of rape”
2.
2.Subs.
by Act 43 of 1983, sec.3, for sections 375 and 376.
Explanation. Penetration is sufficient to constitute the sexual intercourse
necessary to the offence of rape.
Exception.- Sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape.]
STATE
AMENDMENT
Union Territory of Manipur:
(a) in clause sixthly, for the word “ sixteen” substitute the word” fourteen “; and
(b) in the Exceptioin , for the word: “ sixteen” substitute the word” thirteen”.
[Vide Act 30 of 1950.]
COMMENTS
Mere absence of spermatozoa cannot cast a doubt on the correctness of the prosecution case ; Prithi Chand v. State of Himachal Pradesh, (1989)Cr LJ 481:AIR 1989 SC 702.
(ii) Where a prosecutrix is a minor girl suffering from pain due to ruptured hymen
and bleeding vagina depicts same, minor contradictions in her statements that are not of much value, also absence of any injury on kale organ or accused is no valid ground for innocence of accused, conviction and section 375I.P.C proper; Mohd. Zuber Noor Mohammed Changwldia v.State of Gujarat, 1999 Cr LJ 3419 (Guj).
2[376.Punishment for rape].- (1) Whoever, excepted in the cases provided for by sub-section (2), commits rape shall be punished with imprisonment of either description for a term which shall not be less than seven years but which may be for life or for a term which may extend to ten years and shall also be liable to fine unless the women rape is his own wife an is not under twelve years of age, in which cases, he shall be punished with imprisonment of either description for a tem which may extend to two years or with fine or with both:
provided that the court may, for adequate and special reasons to be mentioned in the judgment impose a sentence of imprisonment for a term of less than seven years.
(2) Whoever,-
(a) being a police officer commits rape-
___________________________________
2. Subs. by Act 43 of 1983, sec.3, for sections 375 and
376.
(i) within the limits of the police station to which he is appointed; or
(ii) in the premises of any station house whether or not situated in the police station to which he is appointed; or
(iii) on a woman in his custody or in the custody of a police officer subordinate to him; or
(b) being a pu7blic servant, takes advantage of his official position and commits rape on a woman in his custody as such public servant or in the custody of a public station subordinate to him; or
(c) being on the management or on the staff of a jail , remand home or other place of custody established by or under any law for the time being in force or of a woman’s or children’s institution takes advantage of his official position and commits rape any inmate of such jail, remand home, place or institution; or
(d) being on the management or on the staff of a hospital, takes advantage of his official position and commits rape on a woman in that hospital; or
(e) commits rape on a woman knowing her to be pregnant; or
shall be punished with rigorous imprisonment for a term which shall not be less than ten years but which may be for lie and shall also be liable to fine:
Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment of either description for a term of less than ten years.
Explanation 1.- Where a woman is raped by one or ,ore in a groups of parsons acting in furtherance of their common intention, each of the parsons shall be demeaned to have committed gang rape within the meaning of this sub-section.
Explanation 2.- “Women’s or children’s institution” means an institution, whether called an orphanage or a home for neglected woman or children or a widows, home or by any other name, which is established and maintained for the reception and care of woman or children.
Explanation 3.- “Hospital” means the precincts of the hospital and includes the precincts of any institution for the reception and treatment of person during convalescence or of persons requiring medical attention or rehabilitation.]
CLASSIFICATION OF OFFENCE
Para I. Punishment-Imprisonment for life or imprisonment for ten years and fine -Cognizable –Non-bailable-Triable by Court of Session–Non-compoundable.
Para II. Punishment-Imprisonment for two years and fine or both –Non-Cognizable –Bailable-Triable by Court of Session–Non-compoundable.
COMMENTES
(i) Corroborative evidence is not an imperative component of judicial credence in every case of rape; State of Mahrashtra v. State Maharashtra v. Suresh Nivruthi Bhusare, (1997) 2 Crimes 257 (Bom).
(ii) If a woman meekly submits to sexual intercourse it would be a cause of consent; State of Maharashra v. Suresh Nivrutti Bhusare, (1997)2 Crimes 257 (Bom).
(iii) Normally a woman would not falsely implicate for the offence of rape at the cost of her character. In Indian society , it is very unusual that a lady with a view to implicate a person would go to the extend ofsating that she was raped; Mohan Lal v. State of Madhya Pradesh, (1977) 2 Crimes 210 (MP).
(iv) When the prosecutrix is a minor aged below 16 years, the question of her being a consenting parity to the sexual intercourse does not arise or is or no consequence; Naresh v. State of Haryana, (1997)2 Crimes 587 (P&H).
(v) The delay is hearing of appeal for long period is no cause for not interfering with an order of acquittal which was based on conjectures and surmises, resulting in gross failure of justice State of Rajasthan v. Shanker, 2000 Cr LJ266 (Raj).
(vi) Where in innocent girl of just 9 years of age raped by accused , and FIR is lodged well in time evidence of her testimony also corroborated by medical evidence, no evidence for false implication, failure on part of investigation are not enough to deny version of prosecrrtuix and other corroboatibe evidences; Najoor Ahmad v. State or Bihar, 1999 Cr LJ 2550 (Pat).
(vii) Medical evidence corroborated by version of prosecrutix independent witness also in favour of the victim . No evidence of causing an unknown person a false implication at cost of a family name, conviction based on her evidence up held; Lakha v. State of Rajsthan,1999 Cr LJ 3418 (Raj).
(viii) Where a minor girl just 10 years of age raped by accused, a minor of 16 years on the date of incident, convicted and sentenced to 3 years R.I., therefore, since then many years added to his age, he cannot eve sent to an approved school under the Act and as such his conviction is but sentence set aside; Bire Alias Bir Bahadur Singh v. State of Uttar Pradesh, 2000 Cr LJ 87 (All).
(ix) In absence of any sign of forcible intercourse during medical examination and delay in lodging FIR not explained, accused entitled to acquittal; Babu Dey v.State of West Bengal, 2000 Cr LJ 329 (Call).
(x) Where the evidences of Witnesses are fully corroborated by medical evidence other material evidences active role of all of accused is not doubted thri conviction under section 376 (2)(g) and 302/34 is fully justified; State of Madhya Pradesh v. Mohai,1999 Cr LJ 2698 (MP).
1[376 A. Intercourse by a man his wife during separation.- Whoever has sexual intercourse with his own wife, who is living separately from him under a decree of separation or under any custom or usage without her consent shall be punished with imprisonment of either description for a term which may extend to two years and shall also be liable to fine.]
Punishment-Imprisonment for two years, or fine-Non -cognizable –Bailable-Triable by Court of Session.–Non-compoundable.
376B. Intercourse by public servant with woman in his custody.- Whoever, being a public servant, takes advantage of his official position and induces or seduces, any woman, who is in his custody as such public servant or in the custody of a public servant subordinate to him, to have sexual intercourse with him, such sexual intercourse
______________________________________________________
1. Subs. by Act 43 of 1983, sec.3, for sections 375 and 375.
Not amounting to the offence of rape, shall be punished with imprisonment of either description for a term which may extend to five years and shall also be liable to fine.]
Punishment-Imprisonment for five years and fine-Cognizable(but no arrest shall be made without a warrant or without an order of a Magistrate) –Bailable-Triable by any Court of Session–Non-compoundable.
1[376C. Intercourse by superintendent of jail, remand home, etc.- Whoever, being the superintendent or manager of a jail , remand home or other place of custody established by or under any law for the time being in force or of a woman’s or children’s institution takes advantage of his official position and induces or seduces any female inmate of such jail, remand home, place ore institution to the sexual intercourse with him, such sexual intercourse not amounting to the offence of rape, shall be punished with imprisonment of either description for a term which may extend to five years and shall also be liable to fine.
Explanation 1.- “Superintendent” in relation to jail, remand home or other place of custody or a women’s or children’s institution includes a person holding any other office in such jail, remand home. Place or instruction by virtue of which he can exercise any authority or control over its inmates.
Explanation 2.-The expression “ women’s or children’s institution” shall have the same meaning as in Explanation 2 to sub-section (2) of section 376.]
Punishment-Imprisonment for five years and fine-Cognizable(but no arrest shall be made without a warrant or without an order of a Magistrate) –Bailable-Triable by any Court of Session–Non-compoundable.
1[376 D. Intercourse by any member of the management or staff of a hospital with any woman in that hospital.-Whoever, being on the management of a hospital or being on the staff of a hospital takes advantage of his position and has sexual intercourse with any woman I that hospital, such sexual intercourse not amounting to the offence of
__________________________________________________________
1. Subs. by Act 43 of 1983, sec.3, for sections 375
and 376
rape, shall be punished with imprisonment of either d3escription for a term which may extend to five years and shall also be liable to fine.
Explanation.- The expression “hospital” shall have the same meaning as in Explanation 3 to sub-section (2) of section 376.]
Punishment-Imprisonment for five years and fine-Cognizable(but no arrest shall be made without a warrant or without an order of a Magistrate) –Bailable-Triable by any Court of Session–Non-compoundable.
Of Unnatural Offences
377. Unnatural offences. Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal , shall be punished with 2[imprisonment for life], or with imprisonment of either description f or a term which may extend to ten years and shall also be to fine.
Explanation.- Penetration is sufficient to candidate the carnal intercourse necessary to the 9offence described in this section.
Punishment-Imprisonment for life, or imprisonment for 10 years and fine-Cognizable-Non –Bailable-Triable by Magistrate of the first class.–Non-compoundable.
OF
OFFENCES AGAINST PROPERTY
Of Theft
378. 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.
Explanation 1.- A thing so ling as it is attached to the earth, not being movable property , is not the subject of theft; but it becomes capable of being the subject of theft as soon as it is severed from the earth.
___________________________________________________________
Explanation 2.- A moving effected by the same act which affects the severance may be a theft.
Explanation 3.- A person is said to cause a thing to move by removing an obstacle which prevented it from moving or by separating it from ant other thing, as well as by actually moving it.
Explanation 4. A person, who by any means causes an animal to move is said to move that animal , and to move everything which, in consequence of the ,motion so caused, is moved by that animal.
Explanation 5. The consent mentioned in the definition may be express or implied, and may be given either by the person in possession, or by any person having for the purpose authority either express or implied.
A cuts down a tree on Z’s ground , with the intention of dishonestly taking the tree out of Z’s possession without Z’s consent. Here, as soon as A has served the tree in order to such taking, he has committed theft.
A puts a bait for dogs in his pocket, and thus induces Z’s dog to follow it Here, if A’s intention be dishonestly to take the dog out of A’s possession without Z’s consent. A has committed theft as soon as Z’s dog has begun to follow A.
A meets a bullock carrying a box of treasure. He drives the bullock in a certain direction, in order that he may dishonestly take the treasure. As soon as the bullock beings to move, A has committed theft of the treasure.
A, being Z’s servant and entrusted by Z with the care of Z’s with the care of Z’s plate, dishonestly runs away with the plate, without Z’s consent. A has committed theft of the treasure.
Z, going on a journey, entrusts his plate to A, the keeper of the warehouse, till Z shall return. A carries the plate to a goldsmith and sells it. Here the plate was not in Z’s possession. It could not therefore be taken out of Z’x possession, and A has not committed theft, though he may have committed criminal breach of trust.
A find a ring belonging to Z on a table in the house which Z occupies, Here the ring is in A’s possession , and if A dishonestly removes it, A commits theft.
A finds a ring lying on the highroad. Not in he possession of any person. A by taking it, commits no theft, though he may commit criminal misappropriation of property.
A see a ring belonging to Z lying on a table in Z’s house. Not venturing to misappropriate the ring immediately for fear of search and detection, A hides the ring in a place where it is highly improbable that it will ever be found by Z, with the intention of taking the ring from the hiding place and selling it when the loss is forgotten. Here A, at the time of first moving the ring, commits theft.
A delivers his watch to Z, a jeweler, to be regulated. Z carries it to his shop. A, not owing to the jeweler any debt for which the jeweler might lawfully might lawfully detain the watch as a security, enters the shop openly, takes his watch by force out of Z’s hand, and carries it away. Here A, though he may have committed criminal trespass and assault, has not committed theft, in as much as what he did was not done dishonestly.
If A owes money to Z for repairing the watch ,and if Z retains the watch lawfully as a security for the debt, and A takes the watch out of Z’s possession, with the intention of depriving Z of property as a security for is debt, he commits theft, though the watch is his own property as a security for his debt, he commits theft, in as much as he takes it dishonestly.
Again, if A, having pawned his watch to Z, takes it out of Z’s possession without Z’s consent, not having paid what he borrowed on the watch, he commits theft , though the watch is his own property in as much as he takes to dishonestly.
A takes an article belonging to Z out of Z’s possession, without Z’s consent, with the intention of keeping it until he obtains money from Z as a reward for its restoration. Here A takes dishonestly; A has therefore committed theft.
A, being on friendly terms with Z, goes into Z’s library I Z’s absence, and takes away a book without Z’s express consent of r the purpose merely of reading it, and with the intention of returning .Here it is probable that A may have conceived that he had Z’s implied consent o use Z’s book. If this was A’s impression, A has not committed theft.
A asks charity from Z’s wife. She gives A ,money, food and clothes, which A knows to belong to Z her husband . here it is probable that A may conceive that Z’s wife is authorized to give away alms. If this was A’s impression, A has not committed theft.
A is the paramour of Z’s and to be such property , which A knows to belong to her husband Z, and to be such property as she has no authority from Z to give If A takes the property dishonestly, he commits theft.
A, in good faith, believing property belonging to Z to be A’s own property, takes that property out of B’s possession. Here, as A does not take dishonestly, he does not commit theft.
COMMENTS
The delay in hearing of appeal for long period is no cause for not interfering with an order of acquittal which was based on conjectures an surmises, resulting in gross failure of justice; State of Rajas than v. Shanker, 2000 Cr LJ 266 (Raj) .
379. Punishment for theft.- 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.
Punishment-Imprisonment for 3 years, or fine, or both-Cognizable – Non-bailable-Triable by any Magistrate- Compoundable by th3 owner of the property stolen with the permission of court.
380. Theft in dwelling house, etc.- Whoever commits theft in any building, tent or vessel, which building, tent or vessel is used as a human dwelling, or used for the custody of property, shall be punished with imprisonment of either description in for a term, which may extend to seven years, and shall also be liable to fine.
Punishment-Imprisonment for 7years and fine-Cognizable –Non-bailable-Triable by Magistrate –Non-compoundable.
State of
Tamil Nadu:
Section 380 of the Indian Penal Code (Central Act XLV of 1860)(hereinafter in this part referred to as the principal Act), shall be renumbered as sub-section (1) of that section and after sub-section (1) as so renumbered, the following sub-section shall be added, namely:-
“(2) Whoever commits theft in respect of any idol or icon in any building used as a place of worship shall be punished with rigorous imprisonment for a m which shall not be less than two yeas but which mat extend to three years and with fine which shall not be less than two thousand rupees:
Provided that the court may, for adequate and special reasons to be mentioned in the judgment impose a sentences of imprisonment for a term of less than two years.”
[Vide Tamil Nadu Act 28 of 1993, sec.2].
381. Theft by clerk or servant of property in possession of master.- Whoever , being a clerk or servant , or , or being employed in the capacity of a clerk or servant, commits theft in respect of any property in the possession of his master or employer, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Punishment-Imprisonment for 7 years, or fine-Cognizable – Non-bailable-Triable by any Magistrate- Compoundable by the owner of the property stolen with the permission of court.
382. Theft after preparation made for causing death, hurt or restraint in order to the committing of the theft.- Whoever commits theft, having made preparation for causing death, or hurt, or restraint, or fear of death, or of hurt, or of restraint, to any person, in order to the committing of such theft, or in order to the retaining of property taken by such theft, shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.
A commits theft on property in Z’s possession; and , while committing this theft, he has a loaded pistol under his garment, having provided this pistol for the purpose of hurting Z in case Z should resist. A has committed the offence defined in this section.
A picks Z’s pocket, having posted several of his companions near him, in order that they may restrain Z, if Z should perceive what is passing and should resist, or should attempt to apprehend A.A has committed the offence defined in this section.
Punishment-Imprisonment for 10 years and fine-Cognizable –Non-bailable-Triable by Magistrate of the first class–Non-compoundable.
Of Extortion
383. Extortion.- Whoever intentionally puts any person in fear of any injury to that person, or to any other, and thereby dishonesty induces that person so put I fear to deliver to any person any property or valuable security, or any thing signed or sealed which may be converted into a valuable security, commits “extortion”
Illustrations
A threatens to publish a defamatory libel concerning A unless Z gives him money. He thus induces Z to give him money. A has committed extortion.
A threatens Z that he will keep Z’s child in wrongful confinement, unless Z will sign and deliver to A promissory note binding Z to pay certain monies to A.Z. signs and delivers to A promissory note binding to pay certain monies to A.Z signs and delivers the note. A has committed extortion.
A threatens to send club-men o plough up Z’s field unless Z will sign and deliver to a bond. A has committed extortion.
A, by putting Z in fear of grievous hurt, dishonestly induces Z to sign or affix his seal t a blank paper and deli ever it to A.Z signs and delivers that paper to A. Here, as the paper so signed may be converted into a valuable security. A has committed extortion.
384. Punishment for extortion.- Whoever commits extortion shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
Punishment-Imprisonment for 3 years, or fine, or both-Cognizable –Non-bailable-Triable by any Magistrate–Non-compoundable.