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Vasant Kumar (Lawyer) 03 July 2016

Query

Dear all, Am an accused and being charged by the prosecution under section 380 IPC. But the prosecution story is that I have committed theft in the staircase of the building. My question is whether staircase falls under the definition of building per section 380 IPC? The stolen articles were kept in the staircase by the owner. Staircase neither falls under 'human dwelling' nor 'under custody' as mentioned in 380 IPC. Even the site map is silent to the point where the staircase exists. Whether inside building or outside? Please advise.

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4 Replies

adv.bharat @ PUNE (Lawyer) 03 July 2016

Stair case is essential structure which is required to use building or dwelling place.

Shreshta@ JA Beno AOR supreme (AOR supreme court of india ) 03 July 2016

What are the items that were stolen? Are you admiting the crme?

Advocate Ram Prasad (Chief Lawyer) 04 July 2016

Ur lawyer is d competant person to interpret law basing on ur case facts. Legal naunces depend on context...... .Cell 91777-22930

Vasant Kumar (Lawyer) 05 July 2016

The items that were stolen are water drum and favda. He was arrested the spot so there is no question of admission.

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