SECTION 410(IPC):STOLEN PROPERTY
CHANDRAGUPTA PRAKASH GUPTA
(Querist) 07 March 2010
This query is : Resolved
WHETHER THE PROPERTY ACHIEVED BY THE ACT OF DACOITY CAN BE REFFERED AS STOLEN PROPERTY OR NOT.NOTHING IS MENTIONED ABOUT THE PROPERTY ACHIEVED BY THE ACT OF DACOIY IN THE SETION 410 OF INDIAN PENAL CODE.
Guest
(Expert) 07 March 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
REGARDING THEFT AND DECOITY KINDLY NOTE THAT
1.THEFT IS AN OFFENCE PUNISHABLE UNDER SECTION 379 FOR STEALING ANY PROPERTY TRIABLE BY COURT OF JUDICIAL MAGISTRATE COURT.
2.DECOITY IS A SERIOUS OFFENCE TRIABLE BY COURT OF SESSIONS DECOITY INCLUDES FORCEFUL STEALING OF PROPERTY BY APPLYING FORCE AND ILLEGALY ENTERING HOUSE PROPERTY AND LOOTING THE PROPERTY AND EVEN BEATING THE LEGAL OWNER OF PROPERTY.
THANKS AND REGARDS
Raj Kumar Makkad
(Expert) 07 March 2010
Both the properties cannot be termed as equal. The detailed reply has already been given by nandkumar
Guest
(Expert) 08 March 2010
I.P.C. 410. Stolen Property
Property, the possession whereof has been transferred by theft, or by extortion, or by robbery, and property which has been criminally misappropriated or in respect of which 172[***] criminal breach of trust has been committed, is designed as "stolen property", 153[whether the transfer has been made, or the misappropriation or breach of trust has been committed, within or without 161[India]]. But, if such property subsequently comes into the possession of a person legally entitled to the possession thereof, it then ceases to be stolen property
391. Dacoity
When five or more persons conjointly commit or attempt to commit a robbery, or where the whole number of persons conjointly committing or attempting to commit a robbery, and persons present and aiding such commission or attempt, amount to five or more, every person so committing, attempting or aiding, is said to commit "dacoity".
SO PROPERTY the possession whereof has been transferred by DACOITY.... CAUSE DACOITY CANT BE COMPLETE WITHOUT ROBBERY........ IF 5 OR NORE PERSONS COMMIT ROBBERY THN ITS DACOITY,
YES ITS STOLEN PROPERTY
