Define Theft, Differentiate Theft with Extortion LLB Notes

Define Theft, Differentiate Theft with Extortion

INTRODUCTION;-

The Qur'an says:" As for the man or woman who is guilty of theft, cut off their
hands in retribution for what they have earned, as an exemplary punishment ordained
by Allah. Allah is almighty, Wise. But whoever repents after having thus done wrong,
and makes amends, shall have his repentance accepted by Allah. Allah is much￾Forgiving, Merciful."

RELEVANT PROVISIONS OF LAW

• Chap. XVII ,Section 378 to 389 of Pakistan Penal Code, 1860

3. CROSS REFERENCES

• Article 23 & 24 of Constitution of Pakistan, 1973.

• The Offences against Property (Enforcement of Hudood) Ordinance (VI OF
1979).

INGREDIENTS TO CONSTITUTE THEFT U/S 378

• Intention to take dishonestly.

• Any movable property.

• Out of the possession of any person.

• Without the consent of that person.

• Moves that property in order to such taking.

EXPLANATIONS TO SEC. 378

1) Explanation # 1:-

 When immovable property becomes movable

• A thing attached to the earth

• Not being immovable property

• Become capable of being subject to the theft

• When it is severed from the earth.

2) Explanation  # 3:-
 Move includes

• Removing a thing which prevents something from moving, or

• Separating a thing from other

• Cause to move any animal

 ELABORATION OF INGREDIENTS CONSTITUTING THEFT

i. Intention to take dishonestly

ii. Any movable property

iii. Out of the possession of any person

iv. Some move take place for such taking
• Such taking may be permanent or temporary

v. Without the consent of person
• Consent may be express of implied

 PUNISHMENT OF THEFT

• Imprisonment upto 3 Years, or
• Fine, or
• Both

 PUNISHMENT FOR THEFT IN DWELLING HOUSE ETC.

• Imprisonment upto 7 Years, and
• Fine

PUNISHMENT FOR THEFT BY CLERK OR SERVANT

• Imprisonment upto 7 Years, and
• Fine

PUNISHMENT FOR THEFT OF CAR OR OTHER MOTOR VEHICLES

• Imprisonment upto seven years, and
• Fine

NATURE OF OFFENCE OF THEFT - SCHEDULE II CR.P.C 1898

• Cognizable
• Not bailable
• Not Compoundable
• Magistrate to try the offence

 INGREDIENTS TO CONSTITUTE EXTORTION U/S 383

• Intentinally putting any person
• In fear of injury
• Dishonestly
• inducing that person to deliver to
a) any property or
b) Valuable security or
c) Anything which can be converted into valuable security (see section 30).

THREE ELEMENTS TO CONSTITUTE EXTORTION;-

INTENTION;-  Induce to deliver and take dishonestly the valuable

ACT ;-  Putting any person in fear

EFFECT;- Delivery of property for wrongful gain.

17. PUNISHMENT FOR EXTORTION U/S 384

• Imprisonment of either description upto three years, or
• With fine, or
• With both.

NATURE OF OFFENCE OF EXTORTION - SCHEDULE II CR.P.C 1898

• Not Cognizable

• bailable

• Not Compoundable

• Magistrate to try the offence

DIFFERENCE BETWEEN THEFT AND EXTORTION

1)Difference as to definition:

• In theft, property is taken away without the consent of the owner.
• In extortion, the consent of the owner is obtained but wrongfully

2) Difference as to Consent:

• The thief doesn’t have the consent of the owner.
• The extortionist obtains the consent of the victim through threats and  intimidation.

3)Difference as to Force and Violence:

• Thefts do not usually involve causing physical injury.
• Extortion may involve physically harming the victim.

4). Difference as to Forms of Crimes:

• Theft is a generic term for offences like swindling, embezzlement, identity
theft, burglary, etc.
• Extortion may also include blackmail

5)) Difference as to Property:

• Theft maybe only in respect of movable property.
• The property may be movable or immovable in case of extortion