Part-4 -Bharatiya Nyaya Sanhita, 2023 (BNS): Study Notes on Offences Against the Property -

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Bharatiya Nyaya Sanhita 2023(BNS) -English Version

Part-4

Study Notes on Theft, Extortion, Robbery & Dacoity under BNS 2023

These notes focus only on Theft, Extortion, Robbery, and Dacoity from the Bharatiya Nyaya Sanhita (BNS) 2023. They are made for aspirants like you preparing for exams such as Judiciary Services, CLAT-PG, or APO. We use simple words and short sentences. Key ideas come in bold bullets for quick recall. Real-life examples show how laws apply. Landmark cases explain court views. Think of this as a smart guide – like a story flow with legal facts mixed in.

Starting with Theft: The Basic Property Crime

Theft is the starting point for many property offences in BNS. It means taking someone’s movable property without permission, with a bad intent. BNS makes it clear and adds new rules like snatching.

Core Definition (Section 303): You commit theft if you intend to dishonestly take movable property from someone’s possession without their consent. You must move the property to start the act. Movable property includes things like phones, bikes, or animals – not land or buildings.
- Key Ingredients: Dishonest intent + Moving the property + No consent from the owner.
- Explanations to Remember: If something is attached to the earth (like a tree), it becomes theft only after you cut it free. Consent can be spoken or implied.
Punishment Basics (Section 303(2)): Up to 3 years in jail, or fine, or both. For repeat offenders, it’s stricter – 1 to 5 years of hard jail plus fine. But if it’s your first time and the item is worth less than ₹5,000, you might just do community service if you return it.
Special Types of Theft: BNS covers everyday risks.
- Snatching (Section 304 – New in BNS): This is theft by suddenly grabbing something from a person, like yanking a chain or phone. It’s quick and forceful but not full violence. Punishment: Up to 3 years jail plus fine.
- Theft in Special Places (Section 305): If theft happens in a home, vehicle, place of worship, or government property, it’s worse. Punishment: Up to 7 years jail plus fine.
- Theft by Servant or Clerk (Section 306): If you steal from your boss while working for them, it’s betrayal. Punishment: Up to 7 years jail plus fine.
- Theft with Preparation for Harm (Section 307): If you prepare to hurt, kill, or scare someone during theft, it’s serious. Punishment: Up to 10 years hard jail plus fine.

Practical Example: Imagine a crowded market. A picks B’s pocket and runs with the wallet. That’s basic theft (S. 303). If A snatches the wallet while B is walking, it’s snatching (S. 304). If A carries a knife just in case, it becomes theft with preparation (S. 307).

Landmark Case: In Pyare Lal Bhargava v. State of Rajasthan (1963), the Supreme Court said theft needs dishonest intent. A government worker took files home to copy – it was theft because he meant to use them wrongly, even if temporarily. This case helps understand “dishonest taking” in BNS too.

Moving to Extortion: Fear as the Weapon

Extortion is different from theft – it’s about forcing someone to give up property through fear. BNS groups all rules under one section for easy study.

Core Definition (Section 308(1)): You commit extortion if you put someone in fear of injury and make them give property, money, or something valuable. Injury can be to body, mind, reputation, or even property. It includes threats to others, like family.
- Key Ingredients: Fear of harm + Delivery of property + Intent to gain wrongly.
Punishment Variations (Section 308): Starts with up to 7 years jail plus fine or both.
- Just putting in fear (no gain): Up to 2 years jail plus fine.
- Fear of death or serious hurt: Up to 7 years jail plus fine.
- Actual extortion with that fear: Up to 10 years jail plus fine.
- Fear of false accusation (like jail or death penalty): Up to 10 years jail plus fine.

Practical Example: C threatens D over email: “Pay me ₹10,000 or I’ll post your private photos online.” D pays out of fear for reputation. That’s extortion (S. 308). If C threatens to hurt D’s child, it’s fear of grievous hurt – harsher punishment.

Landmark Case: In Romesh Chandra Arora v. State (1960), the court dealt with blackmail photos. It said extortion happens even if the threat is to reveal truth, as long as fear forces payment. This applies to BNS, showing how digital threats count today.

Understanding Robbery: Theft or Extortion Gone Violent

Robbery upgrades theft or extortion with force or fear. It’s like a bridge between simple crimes and group attacks.

Core Definition (Section 309(1)-(3)): Robbery is theft or extortion plus violence. For theft to become robbery: You cause death, hurt, or restraint (or try to) while stealing, escaping, or keeping the item. For extortion: You must be present and threaten instant harm to make the victim hand over property.
- Key Ingredients: Base crime (theft/extortion) + Immediate force or fear.
- Explanation: “Presence” means close enough to scare the victim right away.
Punishment Details (Section 309(4)-(6)): Up to 10 years hard jail plus fine. If on a road at night, up to 14 years. Attempt: Up to 7 years hard jail plus fine. If you hurt someone: Life in jail or up to 10 years hard jail plus fine (everyone involved gets punished).

Practical Example: E stops F on a dark street, points a fake gun, and demands the phone. F gives it in fear of instant hurt. That’s robbery via extortion (S. 309). If E grabs the phone and pushes F down, it’s robbery via theft.

Landmark Case: In Venu alias Venugopal v. State of Karnataka (2008), the Supreme Court called robbery an “aggravated form” of theft or extortion. The accused hurt victims while stealing – court upheld life sentence, showing how BNS would treat group violence today.

Ending with Dacoity: Group Robbery on a Large Scale

Dacoity is robbery by a gang – the most serious here. BNS keeps it strict to stop organized crime.

Core Definition (Section 310(1)): When five or more people together commit or try robbery, it’s dacoity. Everyone counts, even helpers.
- Key Ingredients: Group of 5+ + Robbery act or attempt.
Punishment and Related Rules (Section 310(2)-(6) & Sections 311-312): Basic dacoity: Life in jail or up to 10 years hard jail plus fine.
- With murder: Death, life, or at least 10 years hard jail plus fine.
- Preparation for dacoity: Up to 10 years hard jail plus fine.
- Assembling to do dacoity: Up to 7 years hard jail plus fine.
- Belonging to a dacoity gang: Life or up to 10 years hard jail plus fine.
- With attempt to kill or seriously hurt (S. 311): At least 7 years jail.
- Armed attempt (S. 312): At least 7 years jail.

Practical Example: Five friends plan to rob a shop. They arm themselves, enter at night, threaten the owner, and take cash. That’s dacoity (S. 310). If one hurts the owner badly, it’s with grievous hurt (S. 311). Even planning without doing it is preparation.

Landmark Case: In Raju v. State of Karnataka (2001), the court punished snatching that turned violent as robbery. For dacoity, think of Ashfaq v. State (2004) – Supreme Court said all gang members share blame, even if not active. This fits BNS group rules, warning against joining bad crowds.

These notes give you a clear path: Start with theft’s basics, add fear for extortion, force for robbery, and numbers for dacoity. Practice with examples in your answers. For exams, link to real cases for depth. If you need more on other BNS topics, check our premium section!

Criminal Misappropriation & Breach of Trust under BNS 2023

Welcome to these focused study notes on Criminal Misappropriation and Breach of Trust. We cover only these topics from the Bharatiya Nyaya Sanhita (BNS) 2023, which replaces the old Indian Penal Code (IPC).

Think of these notes as a smart guide – like a conversation with a helpful teacher. We use bold key terms for quick spotting, short sentences for easy reading, and bullet points to organize ideas without tables. Real examples show how laws work in daily life, and landmark cases explain court views. This helps you apply concepts in exams like Judiciary or CLAT-PG.

Remember, BNS aims to make justice faster and fairer. These offences protect people’s property rights. Let’s dive in step by step.

Starting with Criminal Misappropriation: The Basics (Section 314 BNS)

This section deals with dishonest use of someone else’s movable property. It matches old IPC Section 403 but fits into BNS’s modern structure.

What Makes It a Crime?

You find or get movable property that does not belong to you.
You use it dishonestly for your own gain.
No owner consent is needed here – the key is your bad intent.

Imagine this as “finder’s keepers” gone wrong. If you keep and use lost items with selfish motives, it’s a crime.

Punishment Under BNS

Up to two years in jail, or a fine, or both.
It’s a non-cognizable offence – police need a court order to investigate.
But if it’s serious, courts can make it stricter based on facts.

Practical Realistic Examples Picture a busy market in Delhi. Raj drops his wallet with Rs. 5,000. Sunil finds it, knows it’s not his, but spends the money on a new phone instead of returning it. This is dishonest misappropriation – Sunil had no right to use it.

Or think of a office scenario. A colleague leaves her gold ring on the desk. You pick it up, sell it online, and pocket the cash. That’s the crime in action – simple greed turns into legal trouble.

These examples show how everyday slips can lead to court cases. Always report found items to avoid this.

Landmark Cases on Applicability In State of Orissa v. Bishnu Charan Muduli (1985), a head constable took money from a truck driver by force and kept it. The Supreme Court said this was clear misappropriation. It shows even officials can face charges if they misuse power over property.

Another key ruling: Ram Narayan Popli v. CBI (2003). Here, a bank officer misused customer funds he found in error. Courts held that intent to cause wrongful loss matters most. This case helps explain “dishonesty” in exams – link it to BNS for full marks.

These judgments remind us: Courts look at your mindset, not just actions.

Next: Misappropriation of a Deceased Person’s Property (Section 315 BNS)

This is a special type of misappropriation. It protects property of someone who has passed away. It comes from old IPC Section 404.

Core Elements to Remember

The property belongs to a dead person at the time of death.
You possess it honestly at first (like as a family member or helper).
Then, you dishonestly use it or convert it for your benefit.

It’s like betraying the dead – the law steps in to ensure fair distribution to heirs.

Punishment Details

Up to three years in prison, plus a fine.
Harsher if you’re a public servant or in a position of trust – up to ten years.
Bailable but serious – courts often add community service in BNS spirit.

Practical Realistic Examples Consider a family in Mumbai after a grandfather dies. His son finds cash in the house, meant for all siblings. But he spends it on his own debts without sharing. This dishonest act fits Section 315 – it harms inheritance rights.

Or in a village setting: A caretaker of an elderly woman keeps her jewelry after she dies, selling it quietly. No violence, but the secrecy shows bad intent. Real cases like this end up in probate courts first, then criminal if proven.

Examples like these make the law relatable – think of family disputes you hear about.

Landmark Cases for Better Understanding In Jaswantlal Nathalal v. State of Gujarat (1968), the Supreme Court clarified that possession must start honestly. If you steal from the dead right away, it’s theft, not this offence. This distinction is gold for exam questions.

See also State of U.P. v. Babu Ram Upadhya (1961). A government servant misused funds of a deceased colleague. Court ruled intent to deprive heirs is key. Use this to show how BNS upholds old principles but simplifies them.

Cases teach: Prove initial honest possession, or the charge fails.

Moving to Criminal Breach of Trust: The Core Offence (Section 316 BNS)

BNS combines old IPC Sections 405-409 into one strong provision. It’s about breaking trust over property you’re supposed to handle carefully.

Breaking Down the Elements

Someone entrusts you with property or power over it (like money or items).
You dishonestly misuse it, hide it, or use it against the trust terms.
This causes wrongful loss to the owner or gain to you.

Envision it as a broken promise. If a friend gives you money to buy something, but you spend it on yourself, that’s breach.

Types and Punishments in BNS

Basic breach: Up to three years jail, fine, or both.
By carrier, wharfinger, or warehouse-keeper: Up to seven years plus fine.
By clerk or servant: Same, seven years.
By public servant, banker, merchant, or agent: Harshest – up to ten years and fine.

BNS makes it one section for easier recall – no more flipping pages in exams.

Practical Realistic Examples In a small business in Bangalore, a manager gets company funds to pay suppliers. Instead, he invests in stocks for personal profit. When caught, it’s criminal breach – trust broken, loss to company.

Or a real estate agent in Kolkata takes deposit from a buyer for a flat but pockets it without booking. Buyer loses money, agent gains illegally. This happens often in fraud complaints.

These stories highlight: Trust in jobs or deals can lead to big legal issues if misused.

Landmark Cases on Applicability Velji Raghavji Patel v. State of Maharashtra (1965): A partner failed to account for firm money. Supreme Court said partners can commit breach if they misuse shared property. Great for partnership law links in exams.

In Hari Prasad Chamaria v. Bishun Kumar Surekha (1974), court ruled not every trust break is criminal – must prove dishonest intent. This stops false cases.

Rasmi Kumar v. Mahesh Kumar Bhada (1997): Supreme Court noted entrustment can be implied, not just written. Use this for nuanced answers.

Jaswant Rai Manilal Akhaney v. State of Bombay (1956): Emphasized “dominion” over property – control matters.

These cases from IPC apply to BNS since provisions are similar. Quote them to show depth in your answers.

Quick Exam Tips for All Sections

Wrap up by connecting dots. Misappropriation is about found property gone wrong, while breach needs initial trust. Use examples to illustrate in mains papers. For objectives, memorize punishments and elements. Practice with hypotheticals: “Is this misappropriation or breach?” BNS focuses on victim protection – mention that for extra points.

Study smart, stay consistent, and you’ll ace these topics!

Cheating under BNS 2023: Key Concepts for Exam Success

Cheating is a common offence against property. It happens when someone tricks another person to gain something unfairly. In BNS, it falls under Chapter XVII. The law focuses on deception and harm. Let’s break it down step by step.

What is Cheating? (Section 318)

Basic Definition: Cheating means deceiving a person in a dishonest way. This leads to them giving up property, agreeing to keep it, or doing something that causes harm to their body, mind, reputation, or assets.
Key Elements to Remember:
- Deception must be fraudulent or dishonest.
- It includes hiding important facts on purpose.
- The act must cause or likely cause damage or harm.
Exam Tip: Always check for “intent to deceive” in questions. Without it, it’s not cheating.

Illustrations from the Law:

A pretends to be in the Civil Service to get goods on credit. This is cheating because A deceives the seller.
B sells a ring as gold, but it’s fake. B cheats if he knows it’s not gold.

Punishments for Cheating (Section 318)

Punishments vary based on how serious the act is. Here’s a clear breakdown:

Simple cheating: Up to 3 years in jail, or fine, or both.
Cheating that harms a protected interest (like by law or contract): Up to 5 years in jail, or fine, or both.
Cheating that makes someone give property or change a valuable document: Up to 7 years in jail plus fine.

Cheating by Personation (Section 319)

Definition: This is when someone pretends to be another person. It can be a real or made-up person. Or, they claim to have a certain role or identity falsely.
Key Point: Even substituting one person for another counts.
Punishment: Up to 5 years in jail, or fine, or both.

Illustration from the Law:

A pretends to be a rich banker named Z to get money. This is cheating by personation.

Practical Realistic Examples

Imagine a job scam. A fake recruiter calls you and says you got a high-paying job. They ask for “processing fees” online. You pay, but the job doesn’t exist. This is cheating under Section 318 because they deceived you to take your money.

Another example: In a online shopping fraud, a seller shows fake photos of a phone. You buy it, but get a cheap copy. If the seller knew and hid it, it’s cheating.

Landmark Cases on Cheating (Based on Similar IPC Principles)

These cases help understand how courts apply the law. Since BNS is new, IPC cases guide us.

Hridaya Ranjan Prasad Verma v. State of Bihar (2000, Supreme Court): The court said cheating needs clear proof of deception from the start. Here, false promises in a job ad led to conviction. Key lesson: Intent at the time of act matters.
Jaswantrai Manilal Akhaney v. State of Bombay (1956, Supreme Court): This case clarified that cheating involves dishonest inducement. The accused faked documents for loans. Court held: Without harm or delivery of property, it’s not full cheating. Useful for distinguishing from breach of contract.

Key Takeaway for Aspirants: In exams, link cases to elements like “deception” and “wrongful gain.” Practice: “Discuss if a failed business promise is cheating.”

Mischief under Bharatiya Nyaya Sanhita (BNS) 2023

Mischief deals with damaging property on purpose. It’s about causing loss to others or the public. BNS covers it in Chapter XVII. The focus is on intent and wrongful loss.

What is Mischief? (Section 324)

Basic Definition: Mischief is when someone destroys or changes property to cause wrongful loss or damage. They must know or intend this harm to the public or a person.
Important Explanations:
- Property includes anything movable or immovable.
- You can commit mischief on your own property if it harms others (like joint owners).
- No need to target the owner directly.
Exam Tip: Look for “wrongful loss” in scenarios. It’s key for multiple-choice questions.

Illustrations from the Law:

A burns a valuable paper owned by Z. This causes loss, so it’s mischief.
B lets cattle into Z’s field, ruining crops. If done knowingly, it’s mischief.

Punishments for Mischief (Section 324)

Punishments depend on the damage amount and intent. Here’s a structured list:

Simple mischief: Up to 6 months in jail, or fine, or both.
Mischief harming government or local property: Up to 1 year in jail, or fine, or both.
Damage between ₹20,000 and ₹1 lakh: Up to 2 years in jail, or fine, or both.
Damage ₹1 lakh or more: Up to 5 years in jail, or fine, or both.
Mischief with tools to cause death or hurt: Up to 5 years in jail plus fine.

Special Types of Mischief

By Killing or Poisoning Animals (Section 325): Up to 5 years in jail, or fine, or both. Example: Poisoning a neighbor’s cow out of revenge.
Grave Mischief (Section 326): Covers serious acts like cutting water supply, blocking roads, or setting fire to buildings. Punishments: Up to 7 years in jail plus fine; for fire on places of worship, up to life imprisonment.
Mischief to Vessels, Rails, or Aircraft (Section 327): Making them unsafe. Up to 10 years in jail plus fine.
Running a Vessel Aground (Section 328): To steal cargo. Up to 10 years in jail plus fine.

Practical Realistic Examples

Think of vandalism in a park. A group breaks public benches on purpose, causing ₹50,000 damage. This is mischief under Section 324(4) because it harms public property.

Another example: In a village dispute, someone cuts the water pipe to a farm, ruining crops worth ₹2 lakh. If intent is proven, it’s grave mischief under Section 326.

Landmark Cases on Mischief (Based on Similar IPC Principles)

Courts stress intent and actual damage in these cases.

Indian Oil Corporation v. NEPC India Ltd. (2006, Supreme Court): The court ruled that mischief doesn’t depend on who owns the property. Here, damaging leased aircraft was mischief. Key: Focus on wrongful loss, not ownership.
Ved Prakash v. Chaman Singh (High Court Case): Negligent acts don’t count as mischief. Accused damaged property by accident—no conviction. Lesson: Intent is must; mere carelessness isn’t enough.
Punjaji Chandrabhan v. Maroti (High Court): Cutting trees on disputed land was mischief. Court said: If done to cause loss, even on claimed property, it’s punishable.

Key Takeaway for Aspirants: Use cases to explain “intent vs. negligence.” In mains, write: “Analyze mischief with reference to Indian Oil case.”

Criminal Trespass under Bharatiya Nyaya Sanhita (BNS) 2023:

Criminal trespass is entering someone’s property without right. It’s to commit a crime or annoy the owner. BNS places it in Chapter XVII. It builds on civil trespass but adds criminal intent.

What is Criminal Trespass? (Section 329)

Basic Definition: Entering or staying on property owned by another. Must be with intent to commit an offence, intimidate, insult, or annoy the possessor.
Key Elements:
- Unlawful entry or remaining after lawful entry.
- Property can be land, building, or vehicle.
- Intent makes it criminal—not just entering.
House-Trespass Addition: Entering a home, worship place, or storage building. Even part of the body entering counts.
Exam Tip: Differentiate from civil trespass: Criminal needs bad intent.

Illustration: A enters Z’s house to scare Z. Even if no harm, it’s trespass if intent is there.

Punishments for Criminal Trespass (Section 329)

Simple and clear levels:

Basic criminal trespass: Up to 3 months in jail, or fine up to ₹5,000, or both.
House-trespass: Up to 1 year in jail, or fine up to ₹5,000, or both.

Advanced Forms of Trespass

Lurking House-Trespass (Section 330): House-trespass while hiding or sneaking. Harsher because of secrecy.
House-Breaking (Section 330): Breaking in through unusual ways, like climbing walls or picking locks. Includes six methods in law.
Aggravated House-Trespass (Section 333): With weapons to hurt or scare. Up to 7 years in jail plus fine.
Breaking Receptacles (Section 334): Smashing a locked box dishonestly. Up to 2 years (or 3 if entrusted), or fine, or both.

Practical Realistic Examples

Picture a neighbor dispute. A climbs over the fence into B’s yard at night to steal tools. This is house-breaking under Section 330 because of the unlawful entry method.

Another: In a city apartment, someone enters your flat pretending to be a delivery person, then threatens you. It’s aggravated trespass under Section 333 if they had intent to harm.

Landmark Cases on Criminal Trespass (Based on Similar IPC Principles)

These show how courts check intent.

Dhannonjoy v. Provat Chandra Biswas (High Court): Accused took a boat by force after attack. Court said: Taking possession unlawfully is trespass. Key: Intent to annoy or intimidate proves it.
Biswajit Paul v. State of Assam (2023, High Court): A armed group tried to evict someone from land. Convicted for trespass. Lesson: Group action with weapons aggravates the offence.
Ram Prasad v. State (High Court): Conviction set aside because no proof of intent to commit offence. Useful: Mere entry isn’t enough; bad purpose needed.

Key Takeaway for Aspirants: In objectives, spot “intent” clues. For essays: “Compare trespass types with Biswajit Paul case.”

These notes are designed for fast recall. Focus on elements, examples, and cases for better scores in 2025 exams!