Criminal Law Videos - IPC Section 379 (Punishment for theft)

This section prescribes punishment for the offence of theft. It states that whoever commits theft shall be punished with simple or rigorous imprisonment for a term extending up to three years, or with fine, or with both. The amount of fine, if imposed, should be commensurate with the value of the article stolen. A fine of five hundred rupees to an accused who had abetted theft of coal worth eight rupees was held to be too irrational and the case was sent back to the lower court to be disposed of under the probation law.

The second explanation says that a moving effected by the same act which effects the severance may be a theft. The third explanation explains that a person is said to cause a thing to move who either actually moves it, or who moves it by removing an obstacle which prevented it from moving, or who moves it by separating it from any other thing. The fourth explanation states that a person who causes an animal to move by any means is said to move that animal and to move everything which, in consequence of the motion so caused, is moved by that animal. The fifth explanation explains that the consent mentioned in the definition may be express or implied, and the possessor of the property may himself give it, or any other person who has express or implied authority for that purpose, may also give it. It is clear from the definition that there are following five essential elements of theft:

1. The intention on the part of the offender must be to take the property dishonestly,
2. The property of which theft is committed must be movable,
3. The property must be in the possession of some person,
4. The property must be taken without the consent of its possessor, and
5. The property must be moved in order to such taking.

Similarly, release on probation of good conduct could be ordered where the accused is in his teens and a considerable period has already passed since the crime was committed and there was no other blot on the character of the accused. Theft of railway property has generally been taken as a serious offence requiring deterrent punishment.

The offence under section 379 is cognizable, non-bailable and compoundable when the value of the property does not exceed two hundred and fifty rupees and when permitted by the court trying the case, and is triable by any magistrate.