385. Putting person in fear of injury in order to commit extortion.- Whoever, in order to the committing of extortion, puts any person in fear, or attempts to put any person in fear, of any injury, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Punishment-Imprisonment for 2 years ,or fine, or both-Cognizable –Bailable-Triable by Magistrate –Non-compoundable.
386. Extortion by putting a person in fear of death or grievous hurt to.- Whoever commits extortion by putting any person in fear of death or of grievous hurt to that person or to any other , shall be punished with imprisonment of either description for a tem which may extend to ten years, and shall also liable to fine.
Punishment-Imprisonment for 10 years and fine-Cognizable –Non-bailable-Triable by Magistrate of the first class–Non-compoundable.
387. Putting person in fear of dearth or of grievous hurt, in order to commit extortion.- Whoever, in order to the committing of extortion, puts or attempts to put any 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.
388. Extortion by threat of accusation of an offence punishable with death or imprisonment for life, etc.-Whoever commits extortion by putting any person or any other ,or having committed or attempted to commit any offence punished with death, or with 1[imprisonment for life], or with imprisonment for a term which may extend to ten years, shall be punished with also be liable to fine; and , if the offence be punishable under section 377 of his Code, may be punished with 1[imprisonment for life].
Punishment-Imprisonment for 10 years and fine-Cognizable –Non-bailable-Triable by Magistrate of the first class–Non-compoundable.
389. Putting person in fear of accusation of offence, in order to commit extortion,- Whoever, in order to committing of exertion, puts or attempts to put any person in fear of an accusation, against that person or any other , of having committed, or attempted to commit an offence punishable with death or with 1[imprisonment of relief], or with imprisonment of e a term which ,ay extend to ten years, shall be punished with imprisonment of either description for a term which may extend to ten years , shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fined; and , if the offence be punished under section 377 of this Code, may be punished with 1[imprisonment of relief].
Para I :Punishment-Imprisonment for 10 years and fine-Cognizable –Non-bailable-Triable by Magistrate of the first class–Non-compoundable.
Para II: Punishment-Imprisonment for life -Cognizable –Bailable-Triable by Magistrate of the first class–Non-compoundable.
Of Robbery and Dacoity
390. Robbery. –In all robbery there is either theft or extortion.
When theft is robbery.- Theft is “ robbery” if , in order to the committing if the theft ,or in committing the theft, or in carving away or attempting to carry away property obtained by the theft, the offender, for that end , voluntarily causes or attempts to cause to any person death or hurt or wrongful restraint , or fear of instant death or of instant hurt, or of instant wrongful restraint death or of instant hurt, or of instant wrongful restraint.
_________________________________________
When extortion is robbery.- Extortion is “robbery” if the offender, at the time of committing the extortion, if in the presence of the person but in fear, and commits the extortion by putting that person in fear of instant death, of instant hurt, or of instant wrongful restraint to that person or to some other person, and, by so putting in fear includes the person so put in fear then and there to deliver up the thing extirpated.
Explanation.- The offender is said to be present of he is sufficiently near to put the other person in fear of instant death, of instant hurt ,or of instant wrongful restraint.
Illustrations
(a) A holds Z down and fraudulently takes Z’s money and jewels from Z’s clothes without Z’s consent. Here A has committed theft, and in order to the committing of that theft, has voluntarily caused wrongful restraint to Z. A has therefore committed robbery.
(b) A meets Z on the high roads, shows a pistol, and demands Z’s purse. A in consequence, surrenders his purse. Here A has extorted the purse from Z by putting him in fear of instant hurt, and purse from Z, y causing Z to be in fear of instant hurt to the child who is there present. A has therefore committed robbery on Z.
(c) A meets Z and Z’s child on the high road. A takes the child and threatens to fling it down a precipice , unless Z delivers his purse. Z in consequence delivers his purse .Here A has extorted the purse from Z, by causing Z to be in fear of instant hurt to the child who is there present. A has therefore committed robbery on Z.
(d) A obtains property from Z by saying- “ Your child is in the hands of may gang, and will be put to death unless you send us ten thousand rupees”. This is extortion , and punishable as such; but it is not robbery , unless Z is put in fear of the instant death of his child.
COMMENTS
In order that theft may constitute robbery, prosecution has to establish-
if in order to the committing of thief ; or
in committing the theft, or
in carrying away or attempting to carry away property obtained by theft;
the offender for that end i.e. any of the ends contemplated by (a) to (c).
voluntarily causes or attempts to cause to any person death or hurt or wrongful restraint or fear of instant wrongful restraint
In other words, theft would only be robbery if for any of the end s mentioned in (a) to (c) the offender voluntarily causes or attempts to causes to any person death or hurt or wrongful restraint or fear of instant death or of instant wrongful restraint. If the ends does not fall within (a) or(c) but, the offender still causes or attempts to cause to any person death or hurt or wrongful restraint or fear of instant death or of instant hurt or instant hurt or instant wrongful restrainst, the offence would not be robbery. That (a) or (b) or (c) have to be read conjunctively with (d) and (e). It is only when (a) or (b) or (c) co-exist with (d) and (e) or there is a nexus between ay of them and (d), (e) would amount to robbery; State of Maharashtra v. Joseph Mingel Koli , (1997) 2 Crimes 228 (Bom).
391. Decoity.- When five or more person conjointly commit or attempt to commit a robbery, or where the whole number of persons conjointly committing or attempting to commit a robbery, and persons present and aiding such commission or attempting to commit a robbery, and persons present and aiding such commission or attempt, amount to five or ,more, every person so committing, attempting or aiding, is said to commit “dacoity”.
COMMENTS
When robbery is either committed to an attempt to commit it is made by five or more persons then all such, who are present or aiding in its commission or in an attempt to commit it, would commit the offence of dacoity; State of Maharashtra v. Josheph Mingel Koli ,(1997) 2 Crime 228 (Bom).
392.Punishment for robbery.- Whoever commits robbery shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine; and, if the robbery be committed on the highway between sunset and sunrise, the imprisonment may be extended to fourteen years.
Para I
:Punishment-Rigorous imprisonment for 10 years and fine-Cognizable
–Non-bailable-Triable by
Magistrate of the first
class–Non-compoundable.
Para II: Punishment- Rigorous imprisonment for 14 years, and fine -Cognizable –Non-bailable-Triable by Magistrate of the first class–Non-compoundable.
393. Attempt to commit robbery.- Whoever attempts to commit robbery shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine..
Punishment-Rigorous imprisonment for 7 years and fine-Cognizable –Non-bailable-Triable by Magistrate of the first class–Non-compoundable.
394. voluntarily causing hurt in committing robbery.- If any person, in committing or in attempting to committing robbery, voluntarily cause hurt , such person, and any other person jointly concerned in committing or attempting to commit such robbery, shall be punished with 1[imprisonment for life], or with rigorous imprisonment for a term which may extend to ten years, and shall be liable to fine.
Punishment- Imprisonment for life, or rigorous imprisonment for 10 years and fine- Cognizable- Non-baiable-Triable by Magistrate of the first class-Non-compoundable.
(i) Not only the person who actually cause hurt by but an associate of his/ her would equally be liable for the mischief contemplated by this section; Shravan Dashrath Darange v. State of Maharashtra, (1997) 2 Crime 47 (Bom).
(ii) When it is proved that assault was made with motive to successfully rob the persons the conviction under section 304 IPC against both person; Rajjo v. State, 1999 Cr LJ 2996 (All).
395. Punishment for dacoity.- Whoever commits dacotiy shall be punished with 1[imprisonment for life], or with rigorous imprisonment for a term which may extend to ten years, and shall also be fine.
Punishment- Imprisonment for life, or rigorous imprisonment for 10 years and fine- Cognizable- Non-baiable-Triable by Court of Session -Non-compoundable.
COMMENTS
Where the presence of informant and other witnesses at the time and place of incident was established and their positive evidence regarding the way in which the dacoity was committed found reliable having no preivous enmity with accused, no case of false implication established therefore, conviction of accused under section 395 was just and proper; Chhedu v. State of Uttar Pradesh, 2000 Cr LJ 78 (All).
396. Dacoity with murder.- If any one of five or more persons, who are conjointly committing dacoity, commits murder in so committing dacoity, every one of those persons shall be punished with death, or 1[imprisonment for life], or rigorous imprisonment for a term which may extend to ten years, and shall be also be liable to fine.
Punishment- Death, imprisonment for life, or rigorous imprisonment for 10 years and fine- Cognizable- Non-baiable-Triable by Court of Session -Non-compoundable.
(i) when prosecution failed to establish any nexus between death and commission of dacoity charge under section 396 will fail; Wakil Singh v.State ofBihar, (1981) BLJ 462.
(ii) When the presence of accused persons recoveries of different items of an incriminating nature from each of them are sufficient to establish that all of them conjointly participated in the offence of dacity with murder, therefore their conviction under section 396 is liable to be confirmed; K.M.librahim alias Bava v. State of Karnataka, 2000 Cr LJ 197 (Karn).
(iii) On considering special facts of the case. i.e. the age of accused and their status in life as also their antecedents, Sentence of 10 years R.I in place of sentence of life imprisonment would meet the ends of justice; K.M. Ibrahim alias Bava v. State Lakshimsher Das. 1999 Cr LJ 197 (Karn)
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(iv) In circumstatial evidences utter importance is of linking of chain, as soon as th chain of link is broken the value of circumstantial evidence gets reduced; State v. Lakshmisher Das, 1999 Cr LJ 2893 (Karn).
(v) When it is evidentially proved that accused were participating in loot and murder during transaction of offence, each of them is liable to be punished under punish ability vide section 396 IPC; Kunwar Lal v. State of Madhya Pradesh, 199 Cr LJ 3632 (MP).
397. Robbery, or dacoity , with attempt to cause death or grievous hurt.- If ,a t the time of committing robbery or dacoity, the offender uses any deadly weapon, or the time of committing robbery or dacoity, the offender uses any deadly weapon, or cause grievous hurt to any person, or attempts to cause death or grievous hurt to any person, the imprisonment with which such offender shall be punishable shall not be less than seven years.
Punishment-Rigorous imprisonment for not less than 7 years -Cognizable –Non-bailable-Triable by Magistrate of the first class–Non-compoundable.
(i) An act would only fall within the mischief of this section if at the time of committing robbery or dacoity the offender-
uses any deadly weapon; or
causes grievous hurt to any person; or
attempts to cause death or grievous hurt to any person; Shravan Dashrath Dartange v. State of Maharashtra, (1997)2 Crimes 47 (Bom).
(ii) There can be no quarrel that knife is a deadly weapon within the meaning of section 397; State of Maharashtra v. Vinayak Tukaram Utekar, (1997) 2 Crimes 615 (Bom).
(iii) When identification of articles alleged to have been recovered from accused is not properly proved nor victim could identify accused in identification parade or in court accused cannot be convicted under section 397; Bhurekhan v.State of Madhya Pradesh , AIR 1982 SC 984: (1982) CR LJ 818: (1982) SCC (Cr) 128.
398. Attempt to commit robbery or dacoity when armed with deadly weapon.- If , at the time of attempting to commit robbery or dacoity , the offender is armed with any deadly weapon, the imprisonment with which such offender shall be punished shall not be less than seven years.
399. Making preparation to commit dacoits.- Whoever makes , any preparation for committing dacoity, shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.
. CLASSIFICATION
OF OFFENCE
Punishment-Rigorous imprisonment for 10 years and fine -Cognizable –Non-bailable-Triable by Court of Session –Non-compoundable
400. Punishment for belonging to gang of dacoits .- Whoever, at any time after the passing of this Act, shall belong to a gang of persons associated for the purpose of habitually committing dacoity , shall be punished with 1[imprisonment for life], or with rigorous imprisonment for a term which may extend to ten years , and shall also be liable to fine.
CLASSIFICATION
OF OFFENCE
Punishment- Imprisonment for life, or 10 years and fine -Cognizable –Non-bailable-Triable by Court of Session –Non-compoundable.
401. Punishment for belonging to gang of thieves.- Whoever, at any time after the passing of this Act, shall be one of five or more persons assembled for the purpose of committing dacoity ,shall be punished with rigorous imprisonment for a tem which may extend to seven years ,and shall also be liable to fine.
Punishment-Rigorous imprisonment for 7Years and fine -Cognizable –Non-bailable-Triable by Magistrate of the first class –Non-compoundable.
402. Assembling for purpose of committing dacoity.- Whoever, at any time after the passing of this Act, shall be one of five or more persons assembled or the purpose of committing dacoity , shall be punished with rigorous imprisonment for a term which may extend to seven years , and shall also be liable to fine.
Punishment-Rigorous imprisonment for7 years and fine -Cognizable –Non-bailable-Triable by Court of Session –Non-compoundable
403. Dishonest misappropriation of property.- Whoever dishonesty misappropriates or converts to his own use any movable property, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
(a) A takes property belonging to Z out of Z‘s possession , in good faith, believing, at any time when he takes it, that the property belongs to himself . A is not guilty of theft; but if A, after discovering his mistake , dishonestly appropriates the property to his own use, he is guilty of an offence under this section.
(b) A, being on friendly Z’s absence, and takes away a book without Z’s express consent. Here, if A was under the impression that he had Z’s implied consent to take for the purpose of reading it, A has not committed theft , if A after wards sells the book fir his own benefit, he is guilty of an offence under this section.
(c) A and B, being joint owners of a horse, A takes the horse out of B’s possession, intending to use it. Here , as A has a right to use the horse, he is guilty of an offence under this section.
Explanation I.- A dishonest misappropriation for a time only is a misappropriation with the meaning of this section.
A finds a Government promissory note belonging to Z, bearing a blank endorsement. A, knowing that the note belongs to Z, pledges it with a banker as a security for a loan, intending at a future time to restore it to Z. A has committed an offence under this section.
Explanation 2.- A person who finds property not in the possession of any other person, and takes such property for the purpose of protecting if for , or of restoring it to, the owner does not take or misappropriate it dishonestly, and is not guilty of an offence; but he is guilty of the offence above defined, if he appropriates it to his own use, when he knows or has the means of discovering the owner, or before he has used reasonable means to discover and gives notice to the owner and has kept the property a reasonable time to enable the owner to claim it.
What are reasonable means or what is a reasonable time in such a case, is a question of fact.
It is not necessary that the finder should know who is the owner of the property, or that any particular person is the owner of it; it is sufficient if , at the time of appropriating it, he does not believe it to be his own property , or in good faith believing that the real owner cannot be found.
(a) A finds a rupee on the high road , not knowing to whim the rupee belongs. A picks up the rupee. Here A has not committed the offence defined in this section.
(b) A finds a letter on the road, containing a bank note. From the direction and contents of the letter he learns to whim the note belongs . He appropriates the note. He is guilty of an offence under this section.
(c) A finds a cheque payable to bearer . He can form no conjecture as to the person who has lost he cheque. But the name of the person , who has drawn the cheque, appears. A knows that this person can direct him to the person in whose favor the cheque was drawn. A appropriates the cheque without attempting to discover the owner. He is guilty of an offence under this section.
(d) A sees Z drop his purse with money in it . A picks up the purse with the intention of restoring it to Z, but afterwards appropriates it to own use. A has committed an offence under this section.
(e) A finds a purse with money , not knowing to whom it belongs; he afterwards discovers that it belongs to Z, and appreciates it to his own use. A is guilty of an offence under this section.
A fine a valuable ring, not knowing to whom it belongs. A sells it immediately without attempting to discover the owner, A is guilty of an offence under this section.
Punishment-Imprisonment for 2 years ,or fine, or both-Non-cognizable –Bailable-Triable by Magistrate –Compoundable by the owner of the property misappropriated with the permission of the court.
404. Dishonest misappropriation of property possessed by deceased person at the time of his death.- Whoever dishonestly misappropriates or concerts to his own use property, knowing that such prosperity was in the possession of a deceased person at eh time of that person’s decease, and has not since been in the possession of any person legally entitled to such possession , shall be punished with imprisonment of either description for a term which may extend to seven years .
Z dies in possession of furniture and money. His servant A, before the money comes into the possession of any person entitled to such possession, dishonestly misappropriates it. A has committed the offence defined
Punishment-Imprisonment for 3 years and fine Non-Cognizable –Bailable-Triable by Magistrate of the first class –Non-compoundable.
If by clerk or person employed by deceased:
Punishment-Imprisonment for 7 years ,or fine, or both-Cognizable –Bailable-Triable by Magistrate of the first class –Non-compoundable.
Of Criminal Breach of Trust
405. Criminal breach of trust.- Whoever, being in any manner entrusted with property , or with any dominion over property, dishonestly misappropriates or converts to his own use that property, or dishonestly uses or disposes of that property in violation of any direction of law prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied, which he has made touching the discharge of such trust, or willfully suffers any other person so to do , commits “criminal breach of trust”.
1[Explanation 2 [1]. –A person, being an employer 3[of an establishment whether exempted under section 17 of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 (19 of 1952), or not] who deducts the employee’s contribution form the wages payable to the employee for credit to a Provident Fund or Family Pension Fund established by any law for the time being in force, shall be deemed to have
______________________________________________________________
1.
Ins.
by Act 40 of 1973, sec. (w.e.f.1-11-1973).
2.
Explanation
renumbered as Explanation 1 by Act 38 of 1975,sec .9 (w.e.f.1-9-1975) .
3.
Ins.
by Act 33 of 1988 , see. 27 (w.e.f.1-8-1988).
been entrusted with the amount of the contribution so deducted by him and if he makes default in the payment of such contribution to the said Fund in violation of the said law, shall be deemed to have dishonestly used the amount of the said contribution in violation of a direction of law as aforesaid.]
1[Explanation 2.-A person , being an employer, who deducts the employees’ contribution from the wages payable to the employee for credit to Employees’ State Insurance Fund held and administered by the Employees ‘ State Insurance Corporation established under the Employees’ State Insurance Act, 1948 (34 of 1948), shall be demeaned to have been entrusted with the amount of the contribution to the said Fund in violation of the said Act, shall be deemed to have dishonestly used to amount of the said contribution in violation of a direction of law as aforesaid.]
Illustrations
(a) A, being executor to the will of a deceased person, dishonestly disobeys the law which directs him to divide the effects according to will, and appropriate them to his own use. A has committed criminal breach of trust.
(b) A is warehouse-keeper. Z going on a journey, entrusts his furniture to A, under a contract that it shall be returned on payment of a stipulated sum for warehouse room. A dishonestly sells the goods. A has committed criminal breach of trust.]
(c) A, residing in Culcutta, is agent for Z, resident at Delhi. There is an express or implied contract between A and Z, that all sums remitted by Z to A shall be investment by A, according to Z’s direction. Z remits a lakh of rupees to A, with directions to A to invest the same in Company’s paper. A dishonestly disobeys the direction and employs the money in his own business. A has committed criminal breach of trust.
(d) But if A, in the last illustration , not dishonestly but in good faith, believing that it will be more for Z’s advantage to hold shares in the Bank of Bengal, disobeys Z’s directions, and buys shares in the Bank of Bengal, for Z, instead of buying a civil action against A, on account of that loss, yet A, not having acted dishonestly, has not committed criminal breach of trust.
(e) A, a revenue- officer ,is entrusted with public money and is either directed by law or bound by a contract, express or implied, with the Government, to pay into a certain treasury all the public money which he holds. A dishonestly appropriates the money. A has committed criminal branch of trust.
A, a carrier, is entrusted by Z with property to be carried by land or by water.
_______________________________________________________________
1.
1.Ins.
by Act 38 of 1975, sec 9 (w.e.f.1-2-1975).
A dishonestly misappropriates the property. A has committed criminal breach of trust.
406. Punishment for criminal breach of trust.- Whoever commits criminal breach of trust 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 and fine, or both-Non-cognizable –Bailable-Triable by Magistrate of the first class –Compoundable by the owner of the property in respect of which breach of trust has been committed, with the permission of the court.
COMMENTS
Sanction for prosecution is not necessary if a public servant is charged for offence of entering into a criminal conspiracy for committing breach of trust; State or Kerala v. Padmanabham Nair, 1999 Cr LJ 3696 (SC).
407. Criminal breach of trust by carrier , etc.- Whoever, being entrusted with property a carrier, wharfinger or warehouse-keeper, commits criminal breach of trust in respect of such property, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
CLASSIFICATION OF OFFENCE
Punishment-Imprisonment for 7 years and fine-Cognizable –Non-bailable-Triable by Magistrate of the first class –Compoundable by the owner of the property in respect of which the breach of trust has been committed with the permission of the court.
408. Criminal breach of trust by clerk or servant.- Whoever, being a clerk or servant or employed as a clerk or servant, and being in any manner entrusted in such capacity with property, or with any dominion over property, commits criminal breach of trust in respect of that property , shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
CLASSIFICATION OF OFFENCE
Punishment-Imprisonment for 7 years and fine-Cognizable –Non-bailable-Triable by Magistrate of the first class –Compoundable by the owner of the property in respect of which the breach of trust has been committed with the permission of the court.
409. Criminal breach of trust by public servant, or by banker, merchant or agent.- Whoever, being in any manner entrusted with property, or servant or in the way of his business as a banker, merchant, factor, broker, attorney or agent, commits criminal breach of trust in respect of that property , shall be punished with 1[imprisonment for life], or with imprisonment of either description for a term which may extend to ten years. and shall also be liable to fine.
CLASSIFICATION OF OFFENCE
Punishment-Imprisonment for life ,or imprisonment for 10 years and fine -Cognizable –Non-bailable-Triable by Magistrate of the class –Non-compoundable.
410. Stolen Property.- Property, the possession whereof has been transferred by theft, or by extortion , or extortion ,or by robbery, and property with has been criminally misappropriated or in respect of which 2[***] criminal breach of trust has been committed , is designed as “ stolen property”, 3[whether the transfer has been made, or the misappropriation or breach of trust has been committed, within or without 4[India]]. But, if such property subsequently comes into the possession of a person legally entitles to the possession thereof, to then cases to be stolen property.
411. Dishonestly receiving stolen property.- Whoever dishonestly receives of retains any stolen property, knowing or having reason to believe the same to be stolen property , shall be punished with imprisonment or 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 Magistrate- Compoundable by the owner of the property stolen with the permission of the court .
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1.
Subs.
by Act 26 of 1955, sec. 117 and Sch., for “transportation for life”
(w.e.f.1-1-1956)
2.
The
words “the “ and “ offence of ‘rep. By Act
12 of 1891 , sec. 2 and Sch. I and Act 8 of 1882, sec.9 respectively.
3.
Ins.
by Act 8 of 1882, sec.9.
4.
The
words “British India” have successively been subs. by the A.O. 1948, the A.O.
1950 and Act 3 of 1951, sec.3 and Sch.
to read as above.
5.
permission
of the court .
STATE
AMENDMENT
State of
Tamil Nadu:
Section 411 of 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 dishonestly receives or retains any idol or icon stolen from any building used as a place of worship knowing or having reason to believe the same to be stolen property shall, notwithstanding anything contained in sub-section (1), be punished with rigorous imprisonment which shall not be less than two years but which shall be less than two thousand rupees:
Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of impose a sentence of imprisonment for a term of less them two years”.
[Vide Tamil Nadu Act 28 of 1993, section 3].
412.Dishonestly receiving property stolen in the commission of a dacoity .- Whoever dishonestly receives or retains any stolen property, the possession where of he knows or has reason to believe to have been transferred by the commission of dacoity , or dishonestly receives from a person, whom he knows has reason to believe to belong or to have belonged to a gang of dacoits, property which he knows or has reason to believe to have been stolen, shall be punished with 1[imprisonment for life], or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.
Punishment-Imprisonment for life, or rigorous imprisonment for 10 years and fine-Cognizable –Non-bailable-Triable by Court of Session–Non-compoundable.
(i) When articles were received soon after dacoity and proved to have been stolen in dacotiy , offence falls under section 412 and not under section 395; Amar Singh v. State v. Madhya Pradesh , AIR 1982 SC 129 : (1982) Cr LJ 610.
(ii) When no part of prosecution case is found reliable including the alleged recovery of stolen property at the instance of accused it seems to be on effort by police to involve the accused persons by hook or by crook therefore conviction of co-accused is also liable to be set aside; State v. Chhotey Lal, 1999 Cr LJ 3411 (Del).
413. Heabitually dealing in stolen property.- Whoever habitually receives or deals in property which he knows or has reason to believe to be stolen property , shall be punished with 1[imprisonment for life], or with imprisonment of either description for a term which may extend to ten years , and shall also be liable to fine.
_____________________________________________________________
1-1-1950)
Punishment-Imprisonment for life, or imprisonment for 10 years and fine -Cognizable –Non-bailable-Triable by Court of Session - Non- compoundable.
414. Assisting in concealment of stolen property.- Whoever voluntarily assists in concealing or disposing of or making away with property which he knows or has reason to believe to be stolen property, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
CLASSIFICATION OF OFFENCE
Punishment-Imprisonment for 3 years, or fine, or both -Cognizable –Non-bailable-Triable by Magistrate –Compounded by the owner of the property stolen with the permission of the court .
415. heating.-Whoever , by deceiving any person, fraudulently or dishonestly induce the person so deceived to deliver any property to any person, or to consent that any person shall retrain any property ,or intentionally induces the person so deceived to do which act or omission cause or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to “cheat”.
Explanation.- A dishonest concealment of facts is a deception within the meaning of this section.
(a) A ,by falsely pretending to be in the Civil Service , intentionally deceives Z ,and thus dishonestly includes Z to let him have on credit goods for which he does not mean to pay. A cheats.
(b) A, by putting a counterfeit mark on an article, intentionally deceives Z into a belief that this article was made by a certain celebrated manufacturer, and thus dishonestly induces Z to buy and pay for the article. A cheats.
(c) A. by exhibiting to Z a false sample of an article, intentionally deceives Z into believing that the article corresponds with the sample, and thereby, dishonestly induces Z to buy and pay for the article. A cheats.
(d) A, by tendering in payment for an article a bill on a house with which A keeps on money , and by which A expects that the bill will be dishonored, intentionally deceives Z, and thereby dishonestly induces Z to deliver the article, intending not to pay for it. A cheats.
(e) A, by pledging as diamonds article which he knows are not diamonds, intentionally deceives Z, and thereby dishonestly induces Z to lend money. A cheats.
(f) A intentionally deceives Z into a belief that A means to repay any money that Z may led to him and thereby dishonestly induces Z to lend him money. A not intending to repay it .A cheats.
(g) A intentionally deceives Z into a belief that A means to deliver to Z a certain quantity of indigo plant which he does not intend to deliver . and thereby dishonesty induces Z to advance money upon the faith of such delivery, A cheats; but if A, at the time of obtaining the money, intends to deliver the indigo plant, and afterwards breaks his contract and does not deliver it, he does not cheat, but is liable only to a civil action for breach of contract.
(h) A intentionally deceives Z into a belier that A has performed A’s part of a contract made with Z, which he has outperformed, and thereby dishonestly induces Z to pay money . A cheats.
(i ) A sells and conveys an estate to B.A, knowing that in consequence of such sale he has no right to the property , sells or ,mortgages the same to Z, without disclosing the fact of the previous sale and conveyance to B, and receives the purchase or ,mortgage money for Z.A cheats.