1. Introduction
Theft
and criminal breach of trust are slightly difference, from each other. In theft
property is taken out of the possession
of another person without his consent. In criminal breach of trust the property
of a another is being misused or disposes of without the consent of another
person / real owner.
2. RELEVANT PROVISION
Following
are the relevant provisions of PPC regarding the concerned topic:
Sections
378 and 379 for theft.
Sections
405 and 406 for criminal breach of trust.
3. THEFT U/SEC. 378, PPC:
I. MEANING
Theft
according to Black's Law Dictionary is the felonious taking and removing of
another's personal property with the intent of depriving the true owner of it.
II. THEFT U/S. 378 OF PPC
Whoever,
intending to take dishonestly any moveable property out of the possession of
any person without that person's consent, moves that property in orders to such
taking, is said to commit theft.
III. INGREDIENTS OF THEFT
(i) Dishonest intention
It is
essential for theft that the removal of the property in question must have been
with the intention to take the property dishonestly. In other words, there must
be an intent to cause wrongful gain to one person or wrongful loss to another
person. Where property is recovered in the assertion of a contested claim of
right is however unjustified that claim may be, the removal thereof does not
constitute theft.
(ii) Movable property
The
property must be movable. Movable property has been defined in Section 22 ante
as including corporeal property of every description except land and thing
attached to the earth or permanently fastened to anything which is attached to
earth. Further the explanation of this section says, a thing so long as is
attached to the earth is not the subject of theft but it becomes capable of
being subject of theft as soon as it is severed from earth.
(iii) Out of possession of any person
The
property which is subject matter of theft should be in possession of someone
else than the person charged with theft. As where the property is not removed
from the possession of another person, no offence is said to have been
committed. So in order to constitute the offence of theft, the property must be
in possession of any person other than the person charged with theft.
(iv) Without consent of that person
The
taking of the property out of the possession of . owner must be without
consent. As where the things aril moved with the consent of the owner, the
offence of theft is not constituted. So the taking or moving of property out of
possession of owner must be without his consent.
(v) Moves that property in order to such
taking
Since
the definition of theft requires that the moving of property is to be "in
order to such taking" the word such meaning intending to take dishonestly
the very moving must be with dishonest intention. Till the property is moved no
offence of theft can be committed even if the accused had intended to take
dishonestly the property out of possession of any other person without his
consent. So there must be some removal of property in order to accomplish the
taking of it.
4. CRIMINAL BREACH OF TRUST
A
person commits criminal breach of trust if he being in any manner entrusted
with property or with any dominion over property, dishonestly misappropriates
or converts to his own use that property or 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.
(I) INGREDIENTS OF BREACH OF TRUST SECTION 405
Following
are the ingredients of criminal breach of trust,
i. Entrusted to Person Property
Entrustment
is an essential element of the/ offence of criminal breach of trust. It may
have different implication in different contexts: In its most general
significance, it means handing over the possession for some purposes.
Entrustment of property. and failure of the accused to account of the same is
sufficient to infer that the accused committed the offence of criminal breach
of trust.
(ii) Dishonestly Misappropriating
converting that Property
Offence
of criminal breach of trust would not be made out when there is no material to
substantive allegation of dishonest misappropriation or conversion to one s own
use of that properly.
(iii) Dishonestly Use or Disposal of
Property:
A
criminal breach of trust may be committed by a person who dishonestly uses of
disposes of that property or willfully suffers any other person so to do in
violation.
a. of
any direction of law prescribing the mode in which such trust is to be
discharged, or
b. of
any legal contract made touching the discharge of such trust.
Illustration
`A'
being executor to the will of a deceased person, dishonestly disobeys the law
which directs him to divide the effects according to the will and appropriates
them to his own use. 'A' has committed breach of trust.
(ii) PUNISHMENT U/SECTION 406
Whoever
commits criminal breach of trust shall be punished with imprisonment of either
description for a term which may extend to seven years or with fine or with
both.
5. DIFFERENCE BETWEEN THEFT AND BREACH OF TRUST
I. AS TO MODE OF ACQUISITION
In
theft there is wrongful taking of moveable property out of the possession of
the owner i.e. by stealth without the owner's
knowledge but In criminal breach of trust, the property is given on
trust or received on one's behalf and instead . of discharging the trust it is
dishonestly misappropriated or use or disposed of in violation of any law.
II. AS TO ORIGINAL TAKING OF PROPERTY
In a
theft the original taking is dishonest and without the consent of the owner but
In a criminal breach of trust, the original taking may be both honest and with
the consent of the owner.
III. AS TO POSSESSION
In
theft, the offence is the 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 the possession of property the offence is completed when he
dishonest converts the same to his own.
IV. AS TO NATURE
In
theft the property in question is only a movable property but In criminal
breach of trust the property in question may be moveable or immovable.
V. AS TO RELATION
In
theft, there is no contractual relation between the parties but In criminal
breach of trust there is such a contract used relation between the parties.
VI. AS TO PUNISHMENT
the
punishment is imprisonment of either description for three years or with fine
or with both but The punishment is imprisonment of either description for a
term of seven years or with fine or with both.
6. ANALYSIS
In
last to conclude I can say that theft and criminal breach of trust are offences
relating to property. Both of them are different from each other on so many
points such as, mode of acquisition is different, as to intention, as to
possession of property, as to natures etc.
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