Theft LLB Part 1 Pakistan Penal Code

1. PAKISTAN PENAL CODE,1860
Handout # 2
Define Theft, Differentiate Theft with Extortion.
1. INTRODUCTION
The Qur'an says:" As for the man or woman who is guilty of theft, cut off their
hands in retribution for what they have earned, as an exemplary punishment ordained
by Allah. Allah is almighty, Wise. But whoever repents after having thus done wrong,
and makes amends, shall have his repentance accepted by Allah. Allah is much-
Forgiving, Merciful." [‘Al-Maidah’: 5; 38-39]
2. RELEVANT PROVISIONS OF LAW
• Chap. XVII ,Section 378 to 389 of Pakistan Penal Code, 1860.
3. CROSS REFERENCES
• Article 23 & 24 of Constitution of Pakistan, 1973.
• The Offences against Property (Enforcement of Hudood) Ordinance (VI OF
1979).
4. INGREDIENTS TO CONSTITUTE THEFT U/S 378
• Intention to take dishonestly.
• Any movable property.
• Out of the possession of any person.
• Without the consent of that person.
• Moves that property in order to such taking.
5. EXPLANATIONS TO SEC. 378
i. Explanation1:- When immovable property becomes movable
• A thing attached to the earth
• Not being immovable property
• Become capable of being subject to the theft
• When it is severed from the earth.
ii. Explanation 3:- Move includes
• Removing a thing which prevents something from moving, or
• Separating a thing from other
• Cause to move any animal
6. ELABORATION OF INGREDIENTS CONSTITUTING THEFT
i. Intention to take dishonestly
a) Dishonestly u/s 24
Whoever does
• Anything with intention to cause
• Wrongful gain to one person, &
• Wrongful loss to other
Is said to do that thing wrongfully.
b) Wrongful Gain & Wrongful Loss U/S 23

2.  WRONGFUL GAIN
• Gain
• By unlawful means
• For which Person gaining is not entitled.
 WRONGFUL LOSS
• Loss
• By unlawful means
• From person who is entitle for that object
ii. Any movable property
• section 22
iii. Out of the possession of any person
• Define Possession
iv. Some move take place for such taking
• Such taking may be permanent or temporary
v. Without the consent of person
• Consent may be express of implied
7. ILLUSTRATION
8. PUNISHMENT OF THEFT
• Imprisonment upto 3 Years, or
• Fine, or
• Both
9. PUNISHMENT FOR THEFT IN DWELLING HOUSE ETC.
• Imprisonment upto 7 Years, and
• Fine
10. PUNISHMENT FOR THEFT BY CLERK OR SERVANT
• Imprisonment upto 7 Years, and
• Fine
11. PUNISHMENT FOR THEFT OF CAR OR OTHER MOTOR VEHICLES
• Imprisonment upto seven years, and
• Fine
12. NATURE OF OFFENCE OF THEFT - SCHEDULE II CR.P.C 1898
• Cognizable
• Not bailable
• Not Compoundable
• Magistrate to try the offence
13. INGREDIENTS TO CONSTITUTE EXTORTION U/S 383
• Intentinally putting any person
• In fear of injury
• Dishonestly
• inducing that person to deliver to

3. a) any property or
b) Valuable security or
c) Anything which can be converted into valuable security (see section 30).
14. DIAGRAMMATICAL INTERPRETATION OF EXTORTION
EXTORTION
Intentionally putting any person
In fear of injury
15. THREE ELEMENTS TO CONSTITUTE EXTORTION
16. ILLUSTRATION
17. PUNISHMENT FOR EXTORTION U/S 384
• Imprisonment of either description upto three years, or
• With fine, or
• With both.
18. NATURE OF OFFENCE OF EXTORTION - SCHEDULE II CR.P.C 1898
To that
person
Or, anyother
person
Thereby
Creates dishonestly
inducement
Causing wrongful gain to one and
wrongful loss to other u/s 23 & sec 24
P.P.C
INTENTION Induce to deliver and take dishonestly the valuable
ACT Putting any person in fear
EFFECT Delivery of property for wrongful gain
Act of bringing
about a desired
result
To deliver to
Any property, or
Valuable
security, or
Anything signed or sealed which may
be converted into a value security

4. • Not Cognizable
• bailable
• Not Compoundable
• Magistrate to try the offence
19. PUNISHMENT FOR EXTORTION
• Imprisonment upto ten years, and
• Fine.
20. DIFFERENCE VETWEEN THEFT AND EXTORTION
i. Difference as to definition:
• In theft, property is taken away without the consent of the owner.
• In extortion, the consent of the owner is obtained but wrongfully
ii. Difference as to Consent:
• The thief doesn’t have the consent of the owner.
• The extortionist obtains the consent of the victim through threats and
intimidation.
iii. Difference as to Force and Violence:
• Thefts do not usually involve causing physical injury.
• Extortion may involve physically harming the victim.
iv. Difference as to Forms of Crimes:
• Theft is a generic term for offences like swindling, embezzlement, identity
theft, burglary, etc.
• Extortion may also include blackmail
v. Difference as to Property:
• Theft maybe only in respect of movable property.
• The property may be movable or immovable in case of extortion.
21. CONCLUSION