Theft and Extortion under Bharatiya Nyaya Sanhita, 2023

Introduction

Under the Indian Penal Code,1860 theft and extortion came under the perview of offences against property which extended from section 378 to section 382 and  from section 383 to 389 respectively, now under Bharatiya Nyaya Sanhita,2023 theft and extortion are covered from section 303 to 307 and section 308 respectively. The BNS,2023 significantly modernized property crimes. Most notably, it introduced community services as punishments, snatching as an standalone offence, etc.

In this article, we will go through theft and extortion in detail and understand their essentials.

Theft defined

Theft is defined in section 303(1) of Bharatiya Nyaya Sanhita, 2023. It states, “Whoever, intending to take dishonestly any moveable property out of the possession of any person without the person’s consent, moves the property in order to such taking, is said to commit theft”

Essential elements of theft

From the given defination one can say that following are the essentials of theft:

1. Dishonest Intention: Intention is the essence of any crime. In theft, dishonest intention must exist at the time of taking of property. Such intention exists where there is intention of wrongful gain and wrongful loss to another person. Such wrongful gain can be caused to anyone but wrongful gain should be caused to the one from whom property is taken. Wrongful gain as defined by section 2(35) of the Sanhita, means gain by unlawful means of property to which the person gaining is not legally entitled. Wrongful loss as defined by section 2(37) means, loss of some property to which the person losing was legally entitled and loss must have been caused by unlawful means. Such taking need not to be permanent. If one takes something with the intention to return then too it will constitute theft.
2. Movable property: Section 2(21) of the Sanhita, defined movable property. It includes property of every description except land and things attached to earth or permanently fastened to anything which is attached to earth. When something attached to earth is severed from earth it becomes capable of being subject to theft. A moving affected by the same act which affectes severance becomes theft. We can say that it also includes intangible assets like Copyrights, Parents, etc.
3. Taking out of possession: The property taken must be in the possession from whom it is taken. It is irrelevant whether the person from whom the property taken is owner or not. Therefore, if property is taken from a dead person or the property is a lost property then the offense will fall under criminal misappropriation and not theft. A person can also be convicted of stealing his own property if he takes it away dishonestly from someone who has the possession.
4. Without consent: In order to constitute theft, the property must be taken without the consent of the one possessing the property. Such consent can be taken either expressly or impliedly and may be given either by person in possession or the person having authority for such purpose.
5. Moving of property: The offense of theft is complete when the property is dishonestly moved. It is not necessary that such removal must be out of reach of possessor or be carried away. Mere change of place dishonestly with the intent to steal is enough. When a person by any means causes any animal to move, it is said to move that animal and to move everything which is moved in consequence of motion of the animal. Means used can be by removing the obstacle which prevented it from moving, separating it from other thing or by actually moving it.

Punishment for theft shall be imprisonment of either description for a term which may extend to three years or with fine or both. Enhanced punishment is given to second and subsequent convicts. He/she shall be punishment with rigorous imprisonment for a term which shall not be less than one year but may extend to five years with fine. Community service is awarded when the value of stolen property is under five thousand rupees and the person is first convict. He/she shall return the value of property or restore the stolen property.

Due to the increase in numbers of cases of snatching it has been introduced in section 304 as a separate offense. Snatching is theft hence, it must encompass all essentials of theft. When in order to commit theft the offended suddenly or quickly or forcibly seizes or secures or grabs or takes away from any person or from his possession any movable property then it is called snatching. Such offenders are punished with imprisonment of either description for a term which extends to three years and shall also be held liable to fine.

Extortion

Extortion is defined in section 308(1) of the Bharatiya Nyaya Sanhita, 2023. It states, ” Whoever intentionally puts a person in fear of any injury to that person, or to another person, and thereby dishonestly induces the person so put in fear to deliver any person any property, or valuable security kr anything signed or sealed which maybe converted into a valueable security, commits extortion.”

Essential elements of extortion

From the given definition one can say that following are the essentials of extortion:

1. Putting a person in fear of injury: To fall under the perview of extortion, fear or threat must be used. Such fear can be of injury or grievous hurt or death. Such fear must be so grave that it unsettles the victim’s mind in a way that he is left with no other option then to follow the offenders instructions. Such threat must not be mere words or verbal abuse. It won’t satisfy the legal threshold. Some visible apparent overt act must be involved.
2. Delivery of property: Without the actual delivery of the property the offense of extortion cannot be committed. The person put in fear must deliver the property due to dishonest inducement. This delivery can be made to anyone. Such property can include: movable property; immovable property; valuable security ; any paper, not blank, signed or sealed which maybe converted into valuable security. Valuable security is defined in section 2(31) of the Sanhita. It is a document where any legal right is created, extended, transferred, restricted, extinguished or released. Here, a person acknowledges that he lies under legal liability or has not a certain legal right. Even incomplete deeds maybe subject to extortion.

Punishment for extortion shall be imprisonment of either description for a term which may extend to seven years or with fine or with both.

Differentiating between theft and extortion

Both of these offenses are against property where property is taken away from the possessor but there are several differences between the two which are addressed below:

1.  In the offense of theft property is taken from the owner without his consent; in the offense of extortion the property is taken by the offender wrongfully by putting him in fear.
2. In the offense of theft, only movable properties are involved; in the offense of extortion movable properties, immovable properties and valuable securities are involved.
3. In the offense of theft, property is taken away by the offender; in the offense of extortion property is delivered by the person in fear.
4. In the offense of theft no force or threat or fear is used and for quite some time the victim is unaware about his property being taken away; in the offense of extortion property is obtained by intentionally putting a person in fear of injury to that person or to any other person he is interested in.

Conclusion

Theft and extortion are two of the offenses which come under the perview of offenses against property of chapter XVII of the Bharatiya Nyaya Sanhita, 2023. These offenses are one of the most occurring threats to all strata of society and also involves assult. Hence, it becomes important to address this menace with firmness and ensure that law acts as a deterrent to curb such incidents.