Section 72:This section provides protection against breach of confidentiality and privacy of the data. Where there was a hire-purchase agreement in respect of vehicle, the act of taking back the vehicle by the financier for default in payments in accordance with the agreement did not amount to the theft as the vital element of dishonest intention was lacking. For though, in general, the consent of a suffer is a circumstance which vary materially modifies the character of an offence, and which ought, therefore, to be made known to the Courts, yet the consent which a person gives to the taking of this property by a ruffian who holds a pistol to his breast is a circumstance altogether immaterial. Upon this principle the guest, who having taken off the sheets from his bed with an intent to steal them carried them into the hall, and was apprehended before he could get out of the house, was adjudged guilty of theft. 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 for a term which may extend to seven years, and shall also be liable to fine. He is guilty of an offence under this section. As per this section, hacking is defined as any act with an intention to cause wrongful loss or damage to any person or with the knowledge that wrongful loss or damage will be caused to any person and information residing in a computer resource must be either destroyed, deleted, altered or its value and utility get diminished.
Section :- Mischief by injury to works of irrigation or by wrongfully diverting water Whoever commits mischief by doing any act which causes, or which he knows to be likely to cause, a diminution of the supply of water for agricultural purposes, or for food or drink for human beings or for animals which are property, or for cleanliness or for carrying on any manufacture, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both. A, knowing that the note belongs to Z, pledges it with a banker as a security or a loan, intending at a future time to restore it to Z. Further, collection of evidence in such circumstances become another issue as investigation in three different countries, all of whom may not be in talking terms, is almost impossible and poor technical know-how of our cops adds to the woes. Protected systems are those computers, computer system or computer network to which the appropriate government, by issuing gazette information in the official gazette, declared it as a protected system. Section :- Extortion by putting a person in fear of death or grievous hurt 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 term which may extend to ten years, and shall also be liable to fine.
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. Moreover, in theft the property involved of is movable property but in case of extortion it maybe any 5. Section 65:This section provides for computer source code. Section :- Attempt to commit robbery If any person, in committing or in attempting to commit robbery, voluntarily causes hurt, such person, and any other person jointly concerned in committing or attempting to commit such robbery, shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine. Protected system data is that data which is declared by the government as protected data. Similarly, if a coparcener dishonestly lakes the separate property of another coparcener, he will be guilty of theft. Z, in consequence, delivers his purse.
Burglary, dacoity, robbery and theft are all different crimes under the IPC. How do we differentiate?
A knows that this person can direct him to the person in whose favour the cheque was drawn. Data is not a movable property, and hence the unauthorized act of taking away data electronically by way of emailing it to oneself or by hacking into a computer system, for example is not considered as theft. As soon as the bullock begins to move, A has committed theft of the treasure. 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. Section :- Mischief by fire or explosive substance with intent destroy house, etc. A person is said to gain wrongfully when such person retains wrongfully, as well as when such person acquires wrongfully. 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 from Z.
The women are misusing the law by making false claims of dowry harassment just so they can extort monies from their husbands and in-laws. Thus protection has been provided against tampering of computer source documents. 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. It lies down that 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 high-way between the sun-set and the sun-rise, the imprisonment may be extended to fourteen years. While that has come as some relief for these Indian men and their families, there is no denying in the fact that a number of them continue to be subjected to extortion and mental torture as a result of the false claims.
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 effecting of his escape after 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. He is guilty of an offence under this section. Section :- Mischief by killing or maiming cattle, etc. Theft by clerk or servant of property in possession of master — 382. Section 389 Putting person in fear of accusation of offence, in order to commit extortion Section 390 Robbery Section 391 Dacoity Section 392 Punishment for robbery Section 393 Attempt to commit robbery Section 394 Voluntarily causing hurt in committing robbery Section 395 Punishment for dacoity Section 396 Dacoity with murder Section 397 Robbery, or dacoity, with attempt to cause death or grievous hurt Section 398 Attempt to commit robbery or dacoity when armed with deadly weapon Section 399 Making preparation to commit dacoity Section 400 Punishment for belonging to gang of dacoits Section 401 Punishment for belonging to gang of thieves Section 402 Assembling for purpose of committing dacoity Section 403 Dishonest misappropriation of property Section 404 Dishonest misappropriation of property possessed by deceased person at the time of his death Section 405 Criminal breach of trust Section 406 Punishment for criminal breach of trust Section 407 Criminal breach of trust by carrier, etc. Recovery effected at the instance of accused not claimed by them, except one N who claimed that those were purchased by him under receipt. This may appear to be counterintuitive as a person in possession of property has complete enjoyment rights but sometimes the title of a property may be owned by a person but not right of enjoyment, he has restricted rights.
It means the thing permanently attached to the earth is immovable property, is not the subject of theft. Robbery is lesser offence than dacoity. Here, as soon as A has severed the tree in order to such taking, he has committed theft. If one of members of dacoity commits wrong defined under this section, all the members are held liable for punishment. A carries the plate to a goldsmith and sells it.
The property may be movable or immovable. Thus if the above elements are present then it is an offence of extortion, dishonest intention is also an essential element of extortion. Section :- All persons jointly concerned in lurking house-trespass or house-breaking by night punishable where death or grievous hurt caused by one of them If at the time of the committing of lurking house-trespass by night or house-breaking by night, any person guilty of such offence shall voluntarily cause or attempt to cause death or grievous hurt to any person, every person jointly concerned in committing such lurkking house-trespass by night or house-breaking by night, shall be punished with 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. So also fish in open irrigation tanks, or tanks not enclosed on all sides, where even the right of fishing has been let out to a licensee are considered as ferae naturae and not subject of theft. A person can be convicted of stealing his own property if he takes it dishonestly from another, vide illustrations j and k of Section 378.
There is no delivery of property by the owner. Given the emergence of data theft, the law enforcement machinery may sometimes be unsure about the legal nature of the damage caused to the victim. A takes the child, and threatens to filing it down a precipice, unless Z delivers his purse. Dacoity is most serious and heinous offence than robbery. This mens rea is the base of the theft. A has therefore committed robbery. If the property does not have an owner meaning that it is not in the possession of anyone, then such a property cannot be said to have been stolen if a person acquires such property.
