Robbery (DOC) by biplobllb

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									ASA University Bangladesh
                           Term Paper- Spring „11
Topic Name: Offences Dealing With Deprivation of Property


Submitted To:


                Sharifa Sayma Rahman
                Lecturer
                Faculty of Law
                 Asa University Bangladesh



                                  Submitted By:


                                           Name: Md Manir Hossen
                                           Batch: 8th
                                           Id No: 093-21-0028
                                                Faculty of Law
                                            Asa University Bangladesh

              Submitted Date: 24-03-2011


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                     Acknowledgement

At first I want to express my gratitude to mentors Rafiqul Islam, Safiqul Islam elder brother for
being supportive all the time and for remaining unremitting sources of encouragement showing
the path of right and wrong.


   I would like to specially thank my favorite teacher Camellia Khan, faculty of law ASAUB.
Then I would like to specially thank my course teacher Sharifa Sayma Rahman who gave me
such a innovative topic to write a term paper about Offences dealing with deprivation of
property.
I do not claim that my writings are correct from every point of view. There may be some
shortcomings, mistakes, opinion and stylistic lapses which all are mine and I am responsible for
those.
I assure you that in near future I will try to give you my best.




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Contents


Introduction

Chapter- 01: Theft (ss.378-382) (01- )

01.01 -Definition of theft
01.02 -Ingredients of theft
01.03 -Punishment of theft
01.04 -Differences between Larceny and theft


Chapter- 02: Extortion (ss.383-389) ()
02.01- Definition of extortion
02.02- Ingredients of Extortion
02.03- Punishment of extortion
02.04-Differences between theft and extortion


Chapter-03: Robbery (ss.392-394,390,397,398&401) ()
03.01- Definition of Robbery
03.02- Ingredients of Robbery
03.03- Punishment of Robbery
03.04- Differences between Theft and Robbery
03.05- Differences between Extortion and Robbery


Chapter-04: Dacoits (ss.391, 395-400&402) ()
04.01- Definition of Dacoity

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04.02- Ingredients of Dacoity
04.03- Punishment of Dacoity
04.04- Differences between robbery and dacoity
04.05- Differences between extortion, theft, robbery and dacoity


Chapter-05: Criminal misappropriation of property (ss.403&404) ()
05.01- Definition of Criminal misappropriation of property
05.02- Ingredients of Criminal misappropriation of property
05.03- Punishment of Criminal misappropriation of property
05.04-Differences between theft and Criminal misappropriation of property


Chapter-06: Criminal Breach of trust (ss.404-409) ()
06.01- Definition of Criminal Breach of trust
06.02- Ingredients of Criminal Breach of trust
06.03- Punishment of Criminal Breach of trust
06.04- Differences between Criminal misappropriation and Criminal Breach of
trust
06.05-Differences between theft and Criminal Breach of trust


Chapter-07: Receiving stolen property (ss.410-414) ()
07.01- Definition of receiving stolen property
07.02- Ingredients of receiving stolen property
07.03- Punishment of receiving stolen property
07.04- Differences between dishonestly receiving and Retaining
Stolen property

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Chapter-08: Cheating (ss.415-420) ()
08.01- Definition of Cheating
08.02- Ingredients of Cheating
08.03- Punishment of Cheating
08.04- Differences between Extortion and Cheating
08.05-Differences between theft and Cheating
08.06- Differences between Cheating and Criminal Misappropriation


Chapter-09: Fraudulent deeds and disposition of property (ss.421-424) ()
09.01-Definition of Fraudulent deeds and disposition of property 09.02-Ingredients
of Fraudulent deeds and disposition of property
09.03- Punishment of Fraudulent deeds and disposition of property
09.04-Differences between Punishment of Fraudulent deeds and disposition of
property and


Chapter-10: Conclusion
Chapter-11: Bibliography
Chapter-12: appendix




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Introduction:
Of offences against property chapter seventeen under the penal code may be divided into three main
groups. They are

    1. Offences dealing with depravation of property
    2. Offences dealing with damage to property
    3. Offences dealing with violation of rights to property in order to commit some other offences.



But under the following only Offences dealing with depravation of property:

The following offences fall under this head

    a.   Theft
    b.   Extortion robbery
    c.   Dacoity
    d.   Criminal misappropriation of property
    e.   Criminal breach of trust
    f.   Receiving stolen property
    g.   Cheating
    h.   Fraudulent deeds and disposition of property

A is said to cause a thing to move by removing an obstacle which prevented it from moving or by
separating it from any other thing as well as by actually moving it.




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                                          Chapter-One
“Theft”
01.01-Definition of theft: 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.

01.02-Ingredients of theft: Under section 378 of the Penal Code states that whoever,
    a.   Intending to take dishonesty.
    b.   Any moveable property
    c.   Out of the possession of any person
    d.   Without that person‟s consent
    e.   Moves that property in order to such taking, is said to commit theft.

Now we may now explain the ingredients of Theft

Dishonest intention to take property: It is initially for the prosecution to prove that the accused
had acted dishonestly and where the circumstances show that the property has been removed in the
assertion of bona fide claim or right, it is not theft.

The property must be moveable: A thing so long as it is attached to the earth, not being moveable
property, is not the subject of theft; it becomes capable of being the subject of theft when it is severed
from the earth.

Out of the possession of any person: It should be taken out of the possession of another person.
The property must be in the possession of another person from where it is removed. There is no theft of
wild animals, or fish while at large, but there is a theft tamed animals.

It should be taken without the consent of that person: 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
express or implied authority.

There must be some removable of the property in order to accomplish the taking of
it: The points requiring proof to convict a person on the charge of theft are:
    a. That the property in question is moveable property

    b. That such property was in possession of a person

    c. That the accused moved such property while in the possession of that person

    d. That he did so without the consent of that person

    e. That he did so in order to take the same out of the possession of that person

01.03-Punishment for theft: Whoever commits theft shall be punished with imprisonment of
either description for a term which may extend to three years, or with fine, or with both



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The following are the aggravated forms of the offence of theft:
    a.    Whoever commits theft shall be punished with imprisonment of either description for a term
         which may extend to three years or both.ss379 Punishment: Imprisonment of either description
         for three years or fine or both.

    b. Theft in any building, tent or vessel used as human dwelling or for the custody of property.380
       Punishment: Imprisonment of either description for seven years and fine.

    c. Theft by a clerk or a servant of property in possession of his master.ss381 Punishment:
       Imprisonment of either description for seven years and fine

    d. Theft after preparation made for causing death, hurt or restraint or fear of death, hurt or restraint
       to any person in order:

         1. To commit such theft or
         2. To escape after committing it or
         3. To retain property taken by such theft .ss382

Punishment: Imprisonment of either description for ten years and fine

01.04-Difference between Theft and Larceny:
The crime of theft under the penal code corresponds to the offence of larceny in English law. Larceny is
the willful wrongful taking away of the goods of another against his consent and with intent to deprive
him permanently of his property.

Under the following points of difference:

    1. The penal code makes everything the object of theft which is moveable. Such as stones, minerals,
       trees, vegetables etc.

Otherwise under the English law there cannot be a larceny of matters that “savor of realty,”        such as
minerals, trees, fixtures, title deeds etc.

    2. Under the English law of larceny the thing stolen must have some appreciable value of its own.
       But this is not necessary under the penal code.

    3. In English law there is a presumption that husband and wife constitute one person in law.
       Consequently a wife can not ordinarily steal the goods of her husband nor can an indifferent
       person steal the goods of the husband by the delivery to the wife.

         But if the person to whom the goods are delivered by the wife be an adulterer. For this reason he
         can be properly convicted of theft even though they be delivered him by the wife.

 On the other hand no such presumption in Bangladesh law and consequently a wife may be guilty of
stealing the goods of her husband; she removes them from his possession with dishonest intention. The
same reasoning would apply in the case of a husband.

    4. Theft under the penal code is an offence against possession whereas larceny under the English
       law is an offence against ownership. Under the Bangladesh law a theft may be committed though
       the person from whose possession the thing is taken has no title to it.



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    5. In order to constitute the definition of larceny requires an intention to deprive the owner of his
       property permanently. But this is not necessary under the code.

        A charge of theft will lie under the penal code even where there is no intention to assume entire
        dominion over the property or to retain it permanently.



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                                            Chapter-Two
“Extortion”
02.01-Definition of Extortion:                Under section 383 of the penal code a person commits
extortion if he

        1. Intentionally puts any person in fear of any injury

              A. To that person or

              B. To any other and thereby

        2. Dishonesty induces the person so put in fear

        3. To deliver to any person any

              A. Property or

              B. Valuable security or

              C. Anything signed or sealed which may be converted into a Valuable security.

02.02-Ingredients of Extortion:                To constitute the offence of extortion it is necessary to
prove the following essentials:

    1. Intentionally putting any person in fear of injury to himself or another and thereby

    2. Dishonestly inducing such person to deliver any property or valuable security.



We may now explain the ingredients of extortion.
    1. Intentionally putting any person in fear of injury to himself or another and thereby: A person must
       be threatened and threatened with injury and injury not necessarily to himself but to any person.
       The fear of injury need not necessarily be personal violence. It may be of any harm illegally
       caused to body mind reputation or property. Injury is defined in section 44 as any harm whatever
       illegally caused to any person in body mind reputation or property.

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    2. Dishonestly inducing such person to deliver any property or valuable security: The intention of
       the offender must be dishonest. For example cause wrongful gain or loss. He must dishonestly
       induce the person put in fear to deliver property etc. The delivery of property must take place.
       Without this the offence may amount to an attempt. The property delivered may be any property

      -movable or immovable

      -Valuable security or anything convertible into such.

Such delivery of property may be direct from the person threatened to the offender or to another person
by his direction or it may be by placing the property in some place of deposit or by otherwise putting it at
the immediate disposal of the offender.

02.03-Punishment for extortion:                  Whoever commits extortion shall be punished with
imprisonment of either description for a term which may extend to three years or with fine or with both.

The following are the aggravated forms of extortion:
    1. Committing extortion by putting a person in fear of death or grievous hurt to that person or to any
        other.ss386 Punishment: Imprisonment of either description for ten years and fine.

    2. Putting or attempting to put any person in fear of death, or grievous hurt to that person or to any
       other in order to commit extortion.ss387 Punishment: Imprisonment of either description for
       seven years and fine.
    3. Committing extortion by putting any person in fear of an accusation against that person or any
       other

       A. Of an offence punishable with death or transportation for life or ten years imprisonment or Of
          having attempted to induce any other person to commit such offence.ss388 Punishment: If the
          offence be one punishable under section 377 Transportation for life or imprisonment of either
          description for ten years and fine. In the other cases Imprisonment of either description for ten
          years and fine.

       B. Putting or attempting to put any person in fear of such accusation as is mentioned above in
          order to commit extortion.ss.389 Punishment: Imprisonment of same as under section
          388(389)

02.04-Difference between theft and extortion:
   1. In theft the property is taken without the owner‟s consent in extortion the consent is obtained by
   putting a person in fear of any injury to him or any other.

   2. Theft can only be committed of moveable property extortion may be committed of immoveable
   property as well.

   3. In theft thief takes the property without the owner‟s consent in extortion the person intimidated is
   induced to deliver the property. Hence the element of delivery does not exist in theft as in extortion.

   4. In theft there is no element of force in extortion there is the element of force for property is obtained
   by putting a person in fear of injury to that person or to any other.




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                                           Chapter-Three
“Robbery”
03.01-Definition of robbery: Robbery is an aggravated form of either theft or extortion. In all
robbery there is either theft or extortion. The offender is said to be present if he is sufficiently near to put
the other person in fear of instant death of instant hurt or of instant wrongful restraint.

An accidental injury by a theft will not convert his offence into robbery. Similarly if hurt is caused to
avoid capture the offence will not amount to robbery e.g. throwing stones to avoid pursuit. Belonging to a
wandering gang of persons associated for the purpose of habitually committing theft or robbery is made
punishable. The punishment is rigorous imprisonment or seven years and fine.

03.02-Ingredients of robbery: Under following the ingredients of robbery
    1.   Theft is robbery if in order to committing of theft or in committing the theft or
    2.   In carrying away or attempting to carry away property obtained by the theft or
    3.   The offender for that end voluntarily causes or attempts to cause to any person
    4.   Death or hurt or wrongful restraint or
    5.   Fear of instant death or instant hurt or instant wrongful restraint

And extortion is robbery if the offender at the time of committing the extortion is

    1. In the presence of the person put in fear and
    2. Commits the extortion by putting that person in fear of instant death or instant hurt or instant
       wrongful restraint to that person or to some other person and
    3. By so putting in fear induces the person so put in fear then and there to deliver up the thing
       extorted
    4.   03.03-Punishment for robbery: Rigorous imprisonment for ten years and fine. If the
         robbery is committed on the high way between sunset and sunrise the imprisonment may be
         extended to fourteen years.ss392 Punishment for attempting to commit robbery, Rigorous
         imprisonment for seven years and fine.ss393 If hurt is caused –Transportation for life or rigorous
         imprisonment for ten years and fine.ss394

03.04-Difference between theft and robbery: Under following difference between the
theft and robbery

    1. Robbery is a special and aggravated form of either theft or extortion. Theft becomes robbery if
       the accused voluntarily causes or attempts to cause to any person death or hurt or wrongful
       restraint fear of instant death, hurt or instant wrongful restraint.
    2. In both the offender takes the property without the owner‟s consent and the number of culprit
       may be one only.




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03.05-Difference between extortion and robbery:
Under following difference between extortion and robbery

   1. In extortion a person is forced to deliver any property against his will when he is put in fear of
      injury to himself to another and dishonestly induced to deliver the property
   2. Whenever theft is accompanied by violence or fear of instance violence or extortion is
      accompanied by violence or fear of instance violence the presence of the offender and the
      delivery of the thing extorted there is robbery.
   3. Robbery is an aggravated form of extortion.
   4. The element of fear exists in both in there is delivery of property by the victim.




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                                        Chapter-Four
“Dacoit”
04.01-Definition of dacoity: Section 391 of the penal code states that 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 person present and aiding such commission
or attempt amount to five or more every person so committing attempting or aiding is said to commit
dacoity.

04.02-Ingredients of dacoity: The ingredients of the offence of dacoity are
    1. Five persons attempting to commit robbery or
    2. Five persons committing robbery or
    3. One person committing robbery plus four present and aiding in its commission or
    4. One person attempting robbery plus four present and aiding the attempt.

In the case of dacoity the prosecution must prove

    1. That robbery was committed or attempted
    2. That five or more persons conjointly committed or attempted to commit robbery or that the whole
       number of persons conjointly committing or attempting to commit robbery and persons present
       and aiding such commission or attempt amounted to five or more.

Dacoity is robbery committed by five or more persons and so it must be either theft or extortion. It is
more serious offence than robbery because of the terror caused by the presence of a number of offenders.
In the case of Queen Empress v. Ram Baran1 a large body of Hindus acting in concert and apparently
under the influence of religious feelings attacked certain Mahomedans who were driving cattle along a
public road and forcibly deprived them of the possession of such cattle under circumstances which did not
indicate any intention of subsequently returning the cattle to them it was held that they were guilty of
dacoity.

 But where there were only five accused who committed the dacoity and out of five two were acquitted
holding that only three took part in the offence it was held 2 that the remaining three could not be
convicted of dacoity as the offence of dacoity could not be committed by less than five persons.

04.03-Punishment for dacoity: Transportation for life or rigorous imprisonment for ten
years and fine.

Dacoity with murder: Section 396 enacts that if any one of the dacoits commits murder in
committing dacoity every one of them shall be punished with death or transportation for life or rigorous
imprisonment for ten years and fine. This section is another instance of what is known as constructive
criminality. It does not matter whether a particular dacoit was inside the house where the dacoity was
committed or outside the house so long as the murder is committed in the commission of the dacoity. It is
not necessary that the murder should be committed in the presence of all.

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In the case of Lashkar v. Crown 3 the house of a person was raided by a gang of five dacoits one of whom
was armed with a gun.

Ingredients of dacoity of murder: There are two ingredients of the offence of dacoity with
murder

    1. The dacoity must be the joint act of the persons concerned
    2. Murder must have been committed in the course of the commission of the dacoity

The following are the aggravated forms of robbery or dacoity

    a. Using any deadly weapon or causing grievous hurt to any person or attempting to cause death or
       grievous hurt to any person at the time of committing robbery or dacoity.ss397

Punishment for dacoity with murder: Rigorous imprisonment for at least seven years

    b.    Being armed with any deadly weapon at the time of attempting to commit robbery or
         dacoity.ss398

Punishment for dacoity with murder: Rigorous imprisonment for at least seven years

04.04-Distinction between robbery and dacoity: Under following difference between
robbery and dacoity

    1. The essence of the difference between the two lies only in the number of persons involved in the
       offence.
    2. Robbery can be committed by one culprit whereas in dacoity there must be five or more.
    3. Dacoity is an aggravated and more serious form of robbery
    4. There is no consent in both but in dacoity it is obtained wrongfully as in extortion

04.05-Distinction between extortion, theft, robbery and dacoity: Under
following distinction between extortion, theft, robbery and dacoity

    1. Extortion occupies a middle place between theft and robbery or dacoity. Dacoity is robbery by
       five or more persons conjointly committed or attempted to be committed.
    2. Robbery on the other hand is a special and aggravated form of either theft or extortion.
    3. Theft is robbery if in the course of it the offender voluntarily causes or attempts to cause to any
       person death, hurt, or wrongful restraint or fear of instant death, hurt, or wrongful restraint.
    4. Extortion is robbery is robbery if the former is accompanied by violence presence of the offender
       and delivery of the thing extorted.
    5. Extortion differs from theft inasmuch as in the former there is the wrongful obtaining of consent
       by putting the person in possession of property in fear of injury to him or to any other.
    6. The offence of extortion is carried out by over powering the will of the owner. In theft there is
       never the intention of the offender to obtain the consent of the owner of the property. Moreover in
       theft the property involved is moveable property, but in case of extortion it may be any property.



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                                          Chapter-Five
“Criminal        misappropriation of property”
05.01- Definition of Criminal misappropriation of property: A person commits
“criminal misappropriation” if he

          a. Dishonestly misappropriates or converts to his own use
          b. Any moveable property

So whenever dishonestly misappropriates or converts to his own use any moveable property shall be
punished with imprisonment of either description for a term which may extend to two years or with fine
or with both.

“Criminal misappropriation” may be defined as dishonest conversion to one‟s own use even for a time of
moveable property of another which has come lawfully into the possession of offender.

 05.02- Ingredients of Criminal misappropriation of property: It should thus
appear from the above illustrations that the two main ingredients of the offence of criminal
misappropriation are

    a. Dishonest misappropriation or conversion of property for a person‟s own use and
    b. Such a property must be moveable

Criminal misappropriation takes place when the possession has been innocently come by but where by a
subsequent change of intention or from the knowledge of some new fact with which the party was not
previously acquainted the retaining becomes wrongful and fraudulent1

The offence consists in the dishonest misappropriation or conversion either permanently or for a time of
property which is already without wrong in the possession of the offender2.

05.03- Punishment of Criminal misappropriation of property: Imprisonment
of either description for two years or fine or both.ss403

If the offender was a clerk or servant of the deceased at the time of death Imprisonment of either
description for seven years and fine. Otherwise Imprisonment of either description for three years and
fine.ss404 The aggravated form of criminal misappropriation of property is stated in section
404.Dishonest misappropriation of moveable property possessed by a deceased person at the time of his
death.

05.04-Differences between theft and Criminal misappropriation of
property: Under following differences between theft and Criminal misappropriation of property
    1. In theft the object of the offender always is to take property which is in the possession of a person
       out of that person‟s possession and the offence is complete as soon as the offender has moved the
       property in order to a dishonest taking of it.
    2. The offender is already in possession of property and either he is lawfully in possession of it
       because either he has found it or is a joint owner of it or his possession if not strictly lawful is not
       punishable as an offence because he acquired it under some mistaken notion of right in himself or
       of consent given by another.

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   3. In theft the moving it is an offence. It is not necessary that the person should actually take the
      property in his own possession. But in criminal misappropriation the moving may not be an
      offence.
   4. In theft the property is moved without the consent the owner. In criminal misappropriation the
      misappropriator might have come into the possession of the property even with the consent of the
      owner and if he subsequently converts the property to his own use he commits the offence.
   5. The dishonest intention to appropriate the property of another is common to theft and the criminal
      misappropriation. In theft the dishonest intention must precede the act of preceding the act of
      taking in criminal misappropriation it is the subsequent intention to convert or misappropriate that
      constitutes the offence.




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                                         Chapter- Six
“Criminal Breach of trust”
06.01- Definition of Criminal Breach of trust: Under section 405 of the penal code a
person commits criminal breach of trust if he

    a. being in any manner entrusted with property or with any domination over property
    b. dishonesty misappropriates or converts to his own use that property or
    c. 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 willfully suffers any other person to do so.

06.02- Ingredients of Criminal Breach of trust:                        The prosecution must prove the
following points for convicting an accused person on a charge of criminal breach of trust

    a. that the accused was entrusted with property or with dominion of it
    b. that he dishonestly, misappropriated it or, converted it to his own use or, used it or, disposed of
       it1
    c. that he did so in violation of, any direction of law prescribing the mode in which such trust was to
       be discharged or, any legal contract express or implied which he had made touching the discharge
       of such trust
    d. That he willfully suffered some other person to do as above.

In the case of Babaji Bin Bhau2 the accused were entrusted with some silver for the purpose of making
ornaments and they introduced copper into the ornaments. It was held that they were guilty of criminal
breach of trust.

06.03- Punishment of Criminal Breach of trust:                     Imprisonment of either description for
three years or fine or both.ss406

In the case of Emperor v. Jamestji2 the accused a servant of a liquor contractor was entrusted by his
master liquor to sell. The following are the aggravated forms of criminal breach of trust

    a. Criminal breach of trust by a carrier whir finger or warehouse keeper.ss407 Punishment:
       Imprisonment of either description for seven years or fine.
    b. Criminal breach of trust by a clerk or servant.ss408 Punishment: Imprisonment of either
       description for seven years or fine.
    c. criminal breach of trust by a public servant, banker, merchant, factor, broker, attorney or
       agent.ss409 Punishment: Imprisonment of either description for ten years or fine

06.04- Differences between Criminal misappropriation and Criminal
Breach of trust: The following are the points of differences between the two classes of offences
    1. In criminal misappropriation of the property comes into the possession of the offencer by some
       casualty or otherwise and the afterwards misappropriates it. In the case of criminal breach of trust
       the offender is lawfully entrusted with the property and he dishonestly misappropriates the same
       or willfully suffers any other person to do so instead of discharging the trust attached to it.
    2. In criminal misappropriation there is no contractual relationship but there is such a relationship in
       criminal breach of trust.

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    3. In criminal misappropriation there is the conversion of property coming into possession of the
       offender anyhow but in criminal breach of trust there is the conversion of property held in a
       fiduciary character.
    4. Criminal misappropriation can only be of moveable property whereas criminal breach of trust can
       be of any property moveable or immoveable.
    5. A breach of trust includes criminal misappropriation but the converse is not always true.

06.05-Differences between theft and Criminal Breach of trust: The following
are the points of differences between theft and Criminal breach of trust

    1. In theft there is a wrongful taking of a moveable property out of the possession of the owner. The
       owner here parts with something in good faith but the person who takes it keeps the thing for
       himself.
    2. In theft there is no prior lawful possession the offence is completed as soon as the property is
       dishonestly taken away but in criminal breach of trust the offender prior to the offence is himself
       in possession of the property and the offence is completed when he dishonestly converts the same
       to his own use.
    3. In theft the property involved is a moveable property but in criminal breach of trust it may be any
       property.
    4. Criminal breach of trust is ordinarily punished with the same severity as theft but where there is a
       greater degree of trust as in the case of a carrier or a clerk or servant entrusted with his master‟s
       property.




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                                        Chapter-Seven
“Receiving stolen property”
07.01- Definition of receiving stolen property: Section 411 lays down that 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.

07.02- Ingredients of receiving stolen property:                        The essence of the offence of
receiving stolen property under section 411 consists in the receipt or retention of the same with a full
knowledge at the time of receipt that the property was stolen property.

    1. obtained in of the ways specified in section 410 stolen property
    2. dishonestly receiving stolen property
    3. dishonestly receiving property stolen in the commission of a dacoity
    4. Habitually dealing in stolen property habitually receives or deals in property which he knows or
       has reason to believe to be stolen property.
    5. assisting in concealment of stolen property, voluntarily assists in concealing or disposing of or
       making away with property

A person is said to be acting dishonestly when he acts with the intention to cause wrongful gain to himself
or wrongful loss to another. Res mullahs can not be the subject of receiving, e.g. a bull let loose as a part
of religious ceremony and belonging to no one is not the subject or theft.

07.03- Punishment of receiving stolen property:                           The mere possession of stolen
property is not an offence, so shall be punished with imprisonment of either description for a term which
may extend to three years or with fine or both. The following are the aggravated forms of receiving stolen
property

    1.  Dishonestly receiving property stolen in the commission of a dacoity.ss412 Punishment:
       Transportation for life or rigorous imprisonment for ten years and fine.
    2. Habitually dealing in stolen property.ss413 Punishment: Transportation for life or imprisonment
       of either description for ten years and fine.
    3. Voluntarily assists in concealing or disposing of or making away with stolen property.ss414
       Punishment: Imprisonment of either description for three years and fine or both.

07.04- Differences between dishonestly receiving and Retaining: Stolen
property: The offences of receiving and retaining are different. Dishonest retention can be distinguish
reception in the following ways

    1. In the former the dishonesty supervenes after the act of acquisition of possession while in the
       latter dishonesty is contemporaneous with the act of such acquisition. A dishonest receiver comes
       to know of the true nature of the property at the time of the receipt the retainer acquires that
       knowledge at a subsequent stage.
    2. To constitute dishonest retention there must have been a change in the mental element of
       possession from an honest to a dishonest condition of the mind in relation to thing in possession.
    3. The offence of dishonest reception of stolen property is complete only if the receiver had guilty
       knowledge at the time of receipt. Thus a person cannot be convicted of receiving if he had no
       guilty knowledge at the time of receipt.

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                                            Chapter- Eight
“Cheating”
08.01- Definition of Cheating: Section 415 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 nit 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.

08.02- Ingredients of Cheating:                   The prosecution must prove the following points for
convicting an accused on a charge of cheating
1.
     deception of any person1
2.
     fraudulently or dishonestly inducing that person
3.
     to deliver any property to any person or
4.
     to consent that any person shall retain any property or
5.
     intentionally inducing that person 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 property2

In the definition of cheating there are set forth two distinct classes of acts which the person deceived may
be induced to do. The ingredients of cheating can be explained with reference to the decided cases. In the
case of Rex v. Narain Rao2 a debtor sent to his creditor a postal cover insured for taka 105. It is enough
that the act which the person deceived has been induced to perform is likely to cause damage or harm to
him3

08.03- Punishment of Cheating: Imprisonment of either description for one year or fine or
both.ss417whenever cheats shall be punished with imprisonment of either description for a term which
may extend to one year or with fine or with both.

The following are the aggravated forms of cheating

     1. Cheating with knowledge that wrongful loss may thereby be caused to a person whose interest the
        offender is bound to protect.ss418 Punishment: imprisonment of either description for three years
        or fine or both.
     2. Cheating by personating.ss416 &419 Punishment: imprisonment of either description for three
        years or fine or both.
     3. Cheating and dishonestly inducing delivery of property.ss420 Punishment: imprisonment of
        either description for seven years and fine.

08.04- Differences between Extortion and Cheating:                                   Under following the
differences between Extortion and Cheating

     1. both the offences of cheating and extortion are committed by obtaining wrongful consent
     2. in the case of extortion however the extortion obtains consent by intimidation but the cheat
        obtains it by deception
     3. Extortion is committed by putting a person in fear of injury or when he is compelled to part with
        his property by threats but in the case of cheating the person is induced by fraudulent or dishonest
        means to deliver the property.

[Type text]                                                                                        Page 20
08.05-Differences between theft and Cheating:                           The following are the points of
differences between theft and Cheating

    1. Cheating differs from theft in the fact that the cheat takes possession of the property with the
       owner‟s consent obtained by deception while in theft the property is taken without the owner‟s
       consent
    2. The property obtained by cheating may be moveable or immoveable whereas moveable property
       only can be the subject of theft.

08.06- Differences between Cheating and Criminal Misappropriation: The
following are the points of differences between Cheating and Criminal Misappropriation

    1. As to possession of property:
 In cheating deception is practiced to get possession of the thing whereas in criminal misappropriation as
in criminal breach of trust the original reception of property is legal the dishonest conversion takes place
sub-sequent.

    2. As to intention:
 In cheating the intent is fraudulently or dishonestly to induce the deceived person to deliver property
whereas in criminal misappropriation the intent is to dishonestly misappropriation to convert property to
one‟s own use.

    3. As to property:
Any property moveable or immoveable can be the subject matter of cheating whereas in criminal
misappropriation the property misappropriated must be moveable.




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                                        Chapter- Nine
“Fraudulent         deeds and disposition of property”
09.01-Definition of Fraudulent deeds and disposition of property: Whoever
dishonestly or fraudulently removes conceals or delivers to any person or transfers or causes to be
transferred to any person without adequate consideration any property intending thereby to prevent or
knowing it to be likely that he will there by prevent the distribution of that property according to law
among his creditors or the creditors of any other person shall be punished with imprisonment of either
description for term which may extend to two years or with fine or with both.

09.02-Ingredients of Fraudulent deeds and disposition of property: Under
following the ingredients of fraudulent deeds and disposition of property

    1.   Dishonestly or fraudulently removes conceals or delivers the property
    2.   Adequate consideration any property
    3.   By prevent the distribution of that property
    4.   A party to any deed or instrument which purports to transfer or subject to any charges any
         property. Whenever dishonestly or fraudulently removes conceals the property.

09.03- Punishment of Fraudulent deeds and disposition of property: Under
following provisions relate to fraudulent deeds and disposition of property

    1. Dishonest or fraudulent removal or concealment of property to prevent distribution among
       creditors.ss421

Punishment: Imprisonment either description for two years or fine or both.
    2. Dishonestly or fraudulently preventing debt bring available for creditors.ss422

Punishment: Imprisonment either description for two years or fine or both.
    3. Dishonestly or fraudulently singing executing or becoming of deed of transfer containing false
       statement of consideration.ss423

Punishment: Imprisonment either description for two years or fine or both.
    4. Dishonest or fraudulent removal or concealment of property.ss424

Punishment: Imprisonment either description for two years or fine or both.




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                                          Chapter- ten
“Conclusion”
Of offences against property on of them offences theft, extortion, robbery, dacoits, criminal
misappropriation, criminal breach of trust, is cheating etc. A moving effected by the same act which
effects the severance may be a theft.

Section 385 lays down that whoever in order to the committing of extortion puts any person in fear or
attempts to put any person in fear. In theft there is no element of force in extortion there is the element
force for property is obtained by putting a person in fear of injury. Section 396 enacts that if any one of
the dacoits commits murder in committing dacoits every one of them shall be punished with death or
transportation for life or rigorous imprisonment for ten years and fine. This section is another instance of
what is known as constructive criminality. It does not matter whether a particular dacoit was inside the
house where the dacoity was committed or outside the house so long as the murder is committed in the
commission of the dacoity. It is not necessary that the murder should be committed in the presence of all.



The prosecution must prove the following points for convicting an accused person on a charge of criminal
breach of trust that the accused was entrusted with property or with dominion of it. That he dishonestly,
misappropriated it or, converted it to his own use or, used it or, disposed of it that he did so in violation
of, any direction of law prescribing the mode in which such trust was to be discharged or, any legal
contract express or implied which he had made touching the discharge of such trust

That he willfully suffered some other person to do as above. Section 411 lays down that 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.

In cheating the intent is fraudulently or dishonestly to induce the deceived person to deliver property
whereas in criminal misappropriation the intent is to dishonestly misappropriation to convert property to
one‟s own use.

Any property moveable or immoveable can be the subject matter of cheating whereas in criminal
misappropriation the property misappropriated must be moveable.

Whoever dishonestly or fraudulently removes conceals or delivers to any person or transfers or causes to
be transferred to any person without adequate consideration any property intending thereby to prevent or
knowing it to be likely that he will there by prevent the distribution of that property according to law
among his creditors or the creditors of any other person shall be punished with imprisonment of either
description for term which may extend to two years or with fine or with both.

So above information is the last of the offences dealing with damage to property.




[Type text]                                                                                         Page 23
                                  Chapter-Eleven
“Bibliography”



   1. Huq Alhaj Zahirul, 2005, 5th edition
      The Penal Code, Anupam Gyan Bhander



   2. Islam Md. Zahurul, 2005, 1st edition
      The Penal Code, Bangladesh law Book Company



   3. Kabir Dr. Lutful, 2009, 3rd edition
      Lectures on the Penal Code, Ain Prokashan




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                                  Chapter-Twelve
“Appendix”
 Theft:                           Receiving of stolen property:
     1.    Vessel                                    1. Possession
     2.    Dwelling                                  2. Transferred
     3.    Custody                                   3. Designated
     4.    Clerk                                      4. Breach
     5.    Possession                                 5. Entitled
     6.    Restraint                                  6. ceases
     7.    Committing         Cheating:
     8.    Convert                   1. Deceiving
     9.    Rigorous                 2. Induces
     10.   Extend                   3. Omission
 Extortion:                            4. Damage
     1.    Injury                   5. Harm
     2.    Subscription             6. Reputation
     3.    Sealed                   7. Personating
     4.    Attempt                  8. Pretending
     5.    Grievous
     6.    Accusation          Fraud Deeds and Disposition:
 Robbery and dacoit:                                          1. Remove
     1.    Obtain                                       2. Conceal
     2.    Voluntarily                                  3. Adequate
     3.    Presence                                     4. Consideration
     4.    Sufficiently                                 5. Intending
     5.    Conjointly                                   6. Prevent
     6.    Commission                                   7. Distribution
     7.    Concerned                                    8. Available
     8.    Wandering                                    9.Execute
     9.    Associate                                   10. Instrument
     10.   Habitually                                  11. Operate
 Criminal breach of trust:
     1.    Manner
     2.    Entrust
     3.    Dominion
     4.    Disposes
     5.    Violation
     6.    Prescribing
     7.    Carrier
     8.    Warehouse-keeper
     9.    Description




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