Theft is defined in Section 378 of the Indian Penal Code (IPC) as follows:
“Whoever, intending to take dishonestly any movable 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”
The legal maxim related to theft is “actus non facit reum nisi mens sit rea” which means “an act does not make a person guilty unless the mind is also guilty”. This means that in order for an act to be considered a crime, the accused must have acted with a guilty mind or criminal intent.
Essential Ingredients to establish Theft
- Dishonest intent
Dishonest intention as per Section 24 of IPC means doing something with the intention of causing wrongful gain to one person or wrongful loss to another. Under Section 23 of IPC, wrongful gain means to gain by unlawful means of property to which the person gaining is not legally entitled whereas wrongful loss means the loss by unlawful means of property to which the person losing it is legally entitled. - The property must be movable
The object of theft must be movable. Movable property according to Section 22 of IPC includes corporeal property of every description, except land and things attached to the earth or permanently fastened to anything which is attached to the earth. Immovable properties are not subject to theft; they cannot be taken away. - Property should be taken out of the possession of another person
In order to constitute the offence of theft, the property in question must be in the possession of the victim; whether he is the owner of it or is in possession of it in some other manner and the property needs to be taken out of the possession of the said person. - Taking without consentThe property must have been taken without the consent of the owner or the person in possession of it. The consent may be express or implied and may be given either by the person in possession or by any person having for that purpose authority either express or implied. The consent given must be free and not be given through means of coercion or fear of injury, misrepresentation of facts, undue influence, fraud, or mistake, as defined under section 14 of the Indian Contract Act 1872.
- Moving of the property
The offence of theft is complete when there is dishonest moving of the property.
