Offences Against Property

All properties are divided into a movable property and immovable property. Any crime against the property means violating property-related rights, both tangible and intangible. Any offences related to such property are punishable under the Indian Penal Code, 1860. Provisions for offences related to the property have been given under Section 378 – 462 of IPC.

However, These can easily be classified or considered under these major accusations that are :

• Theft
• Extortion
• Robbery and dacoity
• Criminal misappropriation of property
• Criminal breach of trust
• Receiving of stolen property
• Cheating
• Fraudulent deeds and Disposition of property
• Mischief

Theft

Section 378 of the Indian Penal Code states that if any person, with dishonest intention, moves any those movable property out of the knowledge of a person or who owns it or is a legal owner of that property without their consent or permission or bringing into their knowledge, those who perform these kinds of activities are said to commit theft.

Essential Ingredients to commit this offence

• Those who are not loyal or have inappropriate intentions to take one’s property
• The property must be movable
• The property can be owned by one without the knowledge of the owner who owns without their consent
• There must be some movement of the property to accomplish its taking

Extortion

As per Section 383 of the Indian Penal Code, if any person with an intention puts any other person in fear of injuring them when a person tries to own a property in an inappropriate manner that is by either lying through manipulation or by any other illegal means getting signed or getting the legal authorities of the legal owner, commits extortion. 

Essential Ingredients to commit this offence

• Either by giving life threats or doing some other illegal activities that can cause one or more people life’s in danger or can be dangerous; to the owner or somebody else intentionally 
• Manipulating or in an inappropriate manner or being dishonest to the person who owns and forcing him to deliver the valuable asset of the person

Robbery

In a robbery, there is theft or extortion. Robbery has been stated under section 390 of the Indian Penal Code. In ordinary language, robbery means depriving a person of their property. When there is any wrongful or illegal activity that can cause one’s life in danger or can cause injuries to the owner or other people around and the offender who is doing it is doing it to gain some valuable assets performing illegal activities. 

Dacoity

Section 391 of IPC states that if five or more people jointly commit or attempt to commit a robbery, it is said to be dacoity. It is an act of violent robbery committed by five or more people.

Essential Ingredients to commit this offence

• There must be five or more members acting conjointly
• There must be an instant robbery
• The dishonest intention with the use of force

Criminal Misappropriation of Property

If anyone dishonestly misappropriates or converts to their use, any movable property, they will be imprisoned for a term of 2 years, or with a fine, or both.

Essential Ingredients to commit this offence:

• Dishonest misappropriation of property
• Such property must be movable
• Such property should belong to the complainant

Criminal Breach of Trust

A criminal breach of trust is said to be committed if any person entrusted with any property dishonestly misappropriated it for their use.

Essential Ingredients to commit this offence

• Delegation of property by one person to another
• The offender makes misappropriation or converts the property for themselves
• The property shall be dishonestly converted or misappropriated

Receiving Stolen Property

If any person has any property whose possession has been transferred through theft, extortion, or robbery and it has been criminally misappropriated, or in respect of which criminal breach of trust has been committed, it is considered as stolen property.

Essential Ingredients to commit an offence

• It must be a stolen property
• Such property comes under the control of a person legally, which stops it from being stolen property
• Whoever dishonestly receives any stolen property, knowingly or having a reason to believe it to be stolen, is supposed to be punished with imprisonment of description for a term that may be three years imprisonment, or with fine, or both

Cheating

If someone fraudulently or dishonestly deceives a person to induce that person to deliver a property to any person or to consent to retain any property is said to have committed cheating.

Essential Ingredients to commit this offence

• Deception
• Dishonest intention
• Causes damage

Mischief

A person commits mischief if they destroy property knowingly, even if unintentionally. 

Essential Ingredients to commit this offence

• Intention or knowledge must be there to cause deprivation publicly
• Destructing any property

Conclusion

The right to have property and secure the property is the constitutional right of everyone. The property may be of any type, i.e., movable or immovable, tangible or intangible. It is an offence to steal, extort, cheat, misappropriate, Criminal Breach of Trust, Criminal Breach of Trust, Receive stolen property, Cheating, Criminal trespass, mischief, or to do any act with deceitful Intention on the property of others. The offences against property are punishable according to the penal laws mentioned above.

The IPC protects the property holder and creates an obstacle to evils that plan to violate the rights of others by laying down punishments and fines for various property-related offences.