What is Section 378 IPC? Theft
Published on: Lawiz Team
Learn about Section 378 IPC: Theft
Official Legal Text
Whoever, intending to take dishonestly any movable property out of the possession of any person without that person’s consent, moves that property in order to such taking, is said to commit theft.
What This IPC Section Means – Explained in Simple Words
Section 378 defines theft as dishonestly taking away any movable property out of another person's possession without their consent.
Purpose
To protect the right of individuals to their movable property from being wrongfully taken away.
Bailable or Not Bailable & Punishment
Bailable: Bailable, Punishment: Imprisonment up to 3 years, or fine, or both.
Key Elements
1. There must be a movable property. 2. It must be taken away from someone's possession. 3. The taking must be done dishonestly and without consent.
Illustrative Example
If a person takes another's mobile phone without their knowledge or consent, it is considered theft.
Legal Defenses
If the property is taken with the owner's consent or by mistake, it is not theft.
Related Sections
Related to Section 379 (Punishment for theft) and Section 380 (Theft in dwelling house).
Important Note
Theft applies only to movable property and not to immovable property.
FAQs
What does Section 378 IPC define?
Theft.
How is 'Theft' interpreted in law?
It is interpreted based on the Indian Penal Code and relevant case law.
Where is Section 378 IPC applicable?
Its application depends on the legal context and the nature of the offence involved.
Can you give a practical example for Section 378?
Examples include real-life cases involving theft.
Is Section 378 used along with other IPC sections?
Yes, it is often cited alongside related criminal provisions.
How do courts interpret Section 378 IPC?
Courts interpret it using past judgments and statutory interpretations.
Why is Section 378 significant?
It holds importance in the framework of criminal law.