Theft ( section 378 – 382) and extortion (section 383 – 389) are the offences against the property. If ‘A’ goes to the house of B and takes away movable property out of the possession of B, without his consent then A committed theft. But if A goes to the house of B and puts him in fear of injury and induces him to deliver property or valuable security to him. B does whatever A told him. So, here, A Committed extortion.
Section 378 of Indian Penal Code
Section 378 of Indian Penal Code talks about theft. It states that if any person dishonestly takes away movable property without the consent taken out of the possession of the person claiming it.
Essential Requisite
The ingredients of aforementioned section is –
- Dishonest intention of the accused
- There should be moveable property
- Accused takes out the property out of the possession of the person
- Wrongful gain to the accused and wrongful loss to another
- Property taken without the consent of the person in possession.
Punishment
Section 379 of Indian Penal Code states that if a person commits theft then he shall be punished with imprisonment for a term which may extend to three years or fine or both.
Section 383 of Indian Penal Code
Section 383 of Indian Penal Code states that if a person intentionally puts another person in fear of injury and dishonestly induces him to delivery his property or valuable security to him or deliver anything signed or sealed which can be converted into valuable security or property. Then he shall be committed for extortion.
Essential requisite
- The ingredients of the aforementioned section is –
- The person puts another person in fear of injury
- Dishonestly induces another person
- Delivery of property( movable or immovable), valuable security or anything signed or sealed which can be converted into valuable property.
Punishment
Section 384 of Indian Penal Code states that a person shall be punishable for extortion for a term which may extend to three years or fine or both.
Conclusion
Theft –
- Movable property
- Without the consent of person in possession
- No element of force
Extortion –
- Movable or immovable property
- Wrongfully obtained the consent of person in possession
- Put person in fear of injury
- Delivery of property or valuable security
