Theft to dacoity in 9 flashcards.

Quick quiz. The lost ring.

Guess first, then swipe for the answer.

• A. Yes, theft
• B. No, not theft
• C. Only above Rs 1,000

Answer: B. Illustration (g).

Section 378, PPC.

“A finds a ring lying on the high-road, not in the possession of any person. A, by taking it, commits no theft, though he may commit criminal misappropriation of property.”

Pakistan Penal Code, 1860 · Section 378, Illustration (g), Theft

Taking. Cards 1 to 3.

Where it starts.

• TheftDishonestly moving movable property out of a person's possession, without consent. (s.378)
• PunishmentUp to 3 years, or fine, or both. (s.379)
• ExtortionPutting a person in fear of injury to dishonestly get property. (s.383)

Force. Cards 4 to 6.

When it gets violent.

• RobberyTheft or extortion with instant death, hurt or restraint, or fear of it. (s.390)
• PunishmentRI 3 to 10 years and fine; up to 14 on the highway. (s.392)
• DacoityA robbery by five or more persons together. (s.391)

After. Cards 7 to 9.

And what follows.

• DacoityLife, or RI 4 to 10 years, and fine. (s.395)
• ConversionDishonestly converting movable property to own use. Up to 2 years. (s.403)
• Stolen goodsReceiving or keeping it, knowing it is stolen. Up to 3 years. (s.411)

Theft or robbery?

Section 390, PPC.

• The baseIn all robbery there is either theft or extortion.
• Theft becomesRobbery when force or fear is used to commit it or carry the property away.
• Extortion becomesRobbery when the offender is present and the fear is instant.

Myth or fact?

The phone threat.

• Myth: "Pay or your child dies" by phone is robbery.
• Fact: It is extortion, not robbery, unless the fear is of the child's instant death (s.390, Illustration (d)).

Exam traps.

All from section 378.

• Your own watchTaking back a watch you pawned, without paying, is theft (Ill. (k)).
• Good faithTaking it believing it is yours is not theft (Ill. (p)).
• A treeNot theft while attached to the earth; it can be once cut (Expl. 1).

Revise with FAI.

Ask FAI in your own words. It answers with the exact section and the leading judgments.

• Difference between theft, robbery and dacoity, with cases.
• When does extortion become robbery?

Example questions

Sources

• Pakistan Penal Code, 1860 · Section 378, Illustration (g)
  Theft Pakistan Code