Indian Legal System > Legal Concepts > Criminology > Concept of Crime > Property Crimes
In this article, we shall discuss what is meant by property crimes and various forms of property crimes.
Property crimes are crimes that do not necessarily involve harm to another person. Although they may involve physical or mental harm to another, they primarily involve interference with another person’s right to use or enjoy their property. In property crimes, a property may be destroyed or defaced in some way or taken away without the consent of the person having its possession. Property crimes include Larceny, theft, robbery, burglary, embezzlement, forgery, false pretences, receipt of stolen goods, auto-theft, shoplifting, trespass, vandalism, arson, etc. It is possible that individuals may be harmed, as in the case of vandalism and arson.
Larcency:
One commits larceny by taking something of value without consent and with the intent to permanently deprive the rightful owner of the object. Larceny is the stealing of items which can be taken from one place to another, a pen, jewellery, money in the form of cash, tangible things. It is a common-law crime.
Theft:
Theft is the act of intentionally depriving someone of his or her property. Theft is the stealing of tangible and intangible things. It is a statutory crime. Section 378 defines theft as: “Whoever, intending to take dishonestly any moveable 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.”
Sections 378 to 382 of Indian Penal Code deal with the offence of theft.
Shoplifting:
Shoplifting is the theft or concealment of merchandise from a retail establishment without the intent to pay for it, such as placing items in one’s pocket and walking out of a store or place of business.
This is treated as theft and Sections 378 and 379 of the Indian Penal Code deals with it.
Extortion:
Extortion is the gaining of property or money by almost any kind of force or threat of violence, property damage, and harm to reputation, or unfavourable government action i.e. by coercion. Extortion differs from robbery in that the threat in question does not pose an imminent physical danger to the victim. Section 383 of the Indian Penal Code defines extortion as “Whoever intentionally puts any person in fear of any injury to that person, or to any other, and thereby dishonestly induces the person so put in fear to deliver to any person any property or valuable security, or anything signed or sealed which may be converted into a valuable security, commits “extortion”.
Sections 383-390 of IPC deal with the offence of extortion.
Robbery:
It is an aggravated form of theft or extortion. One commits robbery by using force or the threat of force to take money or property from another individual, such as pointing a gun at a bank teller and demanding cash. As per Section 390 of the Indian Penal Code, theft or extortion may be a robbery. According to Section 390 of the Indian Penal Code: “Theft is “robbery” if, in order to the committing of the theft, or in committing the theft, or in carrying 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. Similarly “Extortion is “robbery” if the offender, at the time of committing the extortion, is in the presence of the person put 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, induces the person so put in fear then and there to deliver up the thing extorted.”
Sections 390, 392 – 394, 397, 398 deal with the offence of robbery.
Burglary:
Burglary is the unlawful entry into a home or other closed structure, often by force or coercion, with the intent of stealing property from another or committing some other crime. Section 445 of the Indian Penal code defines housebreaking (burglary) as: “A person is said to commit “house-breaking” who commits house-trespass if he effects his entrance into the house or any part of it in any of the six ways hereinafter described; or if, being in the house or any part of it for the purpose of committing an offence, or, having committed an offence therein, he quits the house or any part of it in any of such six ways….”. The section explains 6 ways of committing the offence of housebreaking or burglary.
Sections 445-462 deal with the offence of burglary.
Dacoity:
It is an aggravated form of robbery. It is an act of violent robbery committed by an armed gang. Section 391 defines dacoity as: “When five or more persons 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 attempt, amount to five or more, every person so committing, attempting or aiding, is said to commit “dacoity”.”
Sections 391, 395- 402 deal with the offence of dacoity.
Embezzlement:
Embezzlement is a theft or misappropriation of funds placed in one’s trust or belonging to one’s employer. Section 403 of the Indian Penal Code defines criminal misappropriation of property and provides punishment as: “Whoever dishonestly 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.”
Section 403 and 404 deal with the offence of criminal misappropriation of property.
Section 405 of the Indian Penal Code defines criminal breach of trust as: “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 wilfully suffers any other person so to do, commits “criminal breach of trust”.”
Sections 405-409 deal with criminal breach of trust
Receipt of Stolen Goods:
Section 410 of the Indian Penal Code defines stolen property as: “Property, the possession whereof has been transferred by theft, or by extortion, or by robbery, and property which has been criminally misappropriated or in respect of which criminal breach of trust has been committed is designated as “stolen property”. Section 411 of the Indian Penal Code define the meaning of the phrase “dishonestly receiving of stolen property” and specifies punishment as: “Whoever dishonestly receives or retains any stolen property, knowing or having reason to believe the same 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.”
Sections 410-414” deal with the offence of receipt of stolen property.
False Pretence:
False pretence is a deliberate misrepresentation of facts, as to obtain title to money or property.
Cheating:
Cheating means a dishonest or unfair act in order to gain an advantage at the loss of others. Section 415 of the Indian Penal Code defines cheating as: “Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to “cheat”.
Sections 415 – 424 of the Indian Penal Code deals with the offence of cheating.
Trespass:
Trespass means entering someone’s land or property without permission. Section 441 of the Indian Penal Code defines criminal trespass as: “Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property, or having lawfully entered into or upon such property, unlawfully remains there with intent thereby to intimidate, insult or annoy any such person, or with intent to commit an offence, is said to commit “criminal trespass”.
Sections 441-462 deal with the offence of criminal trespass.
Vandalism:
Vandalism occurs when an individual destroys, defaces or otherwise degrades someone else’s property without their permission; sometimes called criminal damage, malicious trespass, or malicious mischief. Section 425 of the Indian Penal Code defines mischief as: “Whoever with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, causes the destruction of any property, or any such change in any property or in the situation thereof as destroys or diminishes its value or utility, or affects it injuriously, commits “mischief”.”
Sections 425 – 440 of the Indian Penal Code deal with the offence of mischief.
Arson:
Arson is the intentional burning of almost any type of structure, building or forest land, with more severe degrees recognized if it causes bodily injury, or involves an inhabited building or intent to defraud insurers.
Sections 435 and 436 of the Indian Penal Code under heading mischief deal with the offence of arson.
Forgery:
Forgery is the crime of forging money, documents, or paintings. Section 463 of the Indian Penal Code defines forgery as: “Whoever makes any false documents or false electronic record or part of a document or electronic record, with intent to cause damage or injury], to the public or to any person, or to support any claim or title, or to cause any person to part with property, or to enter into any express or implied contract, or with intent to commit fraud or that fraud may be committed, commits forgery.”
Sections 463 – 477 deal with the offence of forgery.
Theft of Property Marks:
Section 479 defines Property mark as: “A mark used for denoting that movable property belongs to a particular person is called a property mark.”
Sections 479 – 489 deal with the offence of theft or counterfeiting property mark.