Table of Contents
INTRODUCTION
Theft is a crime against property under Section 378 of the Indian Penal Code, 1860 and Extortion is an offense against property. Extortion is defined under Section 383 of the Indian Penal Code, 1860.
This article defines the difference between theft and extortion.
THEFT
Theft is a crime against property under Section 378 of the Indian Penal Code, 1860. It is a criminal act of dishonestly taking someone’s movable property out of their possession without his/her consent. It causes wrongful losses to the person whose property has been stolen but it does not necessarily mean wrongful gain to the person who commits theft. A person who commits theft distributes the stolen property among the people with bona fide intention for the welfare of the people and does not alter the criminal act into a generous act.
It remains the criminal act of theft because it was an intentional act of dishonestly taking someone’s moveable property out of the possession of the property holder without his/her consent
EXTORTION
Extortion is an offense against property. Extortion is defined under Section 383 of the Indian Penal Code, 1860. It is an act of threatening someone through coercion to obtain money, property, or services from an individual or an institution. It is not necessary that money, property, or services shall be delivered to the person who commits extortion. The person who commits extortion may direct an individual or an institution to deliver money, property, or services to another person. Offender creates apprehension in the mind of a victim of instant death, hurt or wrongful restraint to receive valuable assets in the form of money, property, or services.
EXAMPLE
If B fails to give A Rs. 1 crore on his birthday, A threatens to kill his wife. A is the victim of extortion in this evident instance.
The primary goal of Section 383 is to obtain the delivery of property or any other valuable object as a result of fraudulent inducement. More specifically, a crucial component of extortion is the intention to harm one person unjustly while benefiting another.
Essential To Commit Theft
The property must be movable
Moveable property is subject to theft by taking the property out of the person’s possession without his/her consent. Immovable property shall not be subjected to theft until it becomes movable. An immovable property becomes movable by detaching it from the earth’s surface or by removing obstructions that prevent property to become a movable property
The property must be in someone’s possession
The offense of theft is committed when the offender takes the movable property out of the possession of the property holder. Possession does not necessarily mean ownership of the property.
Ownership of a property involves the absolute rights and legitimate claims to an object. Ownership allows a person to resale the property to someone else at the discretion of the owner. According to law, the owner of a property receives protection and recognition. Possession of a property involves physical control of a person over the property. Possession of property changes while the owner of the property remains the same.
Take someone’s property without consent
The property must be taken without the consent of the property holder. The consent of the property holder must be willful and voluntary without any fear of threat.
Dishonest intention
A person who commits theft must have a dishonest intention to cause wrongful losses to the property holder. The dishonest intention is mala fide intention which is one of the essential requirements to commit a crime.
Punishment For Committing Theft
Under section 379 of the Indian Penal code, 18600 whoever commits the offense of theft shall be entitled to imprisonment for a term which may be extended to 3 years or fine, or both.
Exception To Theft
The offense of theft shall not be committed when the person who takes the property of another person without consent in good faith believes that the property belongs to him/her
Essential To Commit Extortion
Property, money, or services must be delivered
The property, money, or services demanded through coercion or threat must be delivered to the offender to avoid harm or injuries that inflict upon him. The act of extortion inflicts physical as well as mental harm to an individual.
Dishonest Intention or mala fide intention
A person who commits extortion against an individual or an institution must have mala fide intention to cause damages and takes undue advantage of the situation through coercion.
Apprehension in the mind of an individual or an institution
The offense of extortion is distinguished from theft because in the offense of theft there is no apprehension or threat by coercion. An individual or institution delivers property to the offender to avoid injuries that resulted from coercion
Consent obtained from the person through unlawful means
The consent of the property holder obtains through coercion of instant death, injury, or wrongful restraint. The consent was obtained wrongfully by putting the victim in fear or threat.
Punishment For The Extortion
Punishment for extortion is defined under Section 384 of the Indian Penal Code, 1860. Whoever commits extortion shall be punishable with imprisonment for the term which may be extended to 3 years or fine or both.
Difference
| Theft | Extortion |
| Movable property is taken away without owners consent in theft | Consent of person is obtained wrongfully by coercion |
| Theft is of Movable property only | It may be movable or immovable property |
| It can be committed by one person | It can be committed by one or more person |
| There is no element of force or compulsion | Force or compulsion exists in extortion, the person being put in fear of injury to himself or to any other persons |
| Element of fear is absent | Element of fear is present |
| There is no delivery of property by the victim | There is delivery of property by the victim |
| Punished with imprisonment of either description for a term which may extend to 3 years or with fine or with both (Section 379) | Punished with imprisonment of either description for a term which may extend to 3 years or with fine or with both (Section 384) |
| A person who is Z’s servant and whom Z has entrusted with the safekeeping of Z’s plate dishonestly steals the plate without Z’s permission. A is guilty of theft. | If Z does not donate money to A, A threatens to publish a false statement about Z. As a result, he convinces Z to give him money. A has committed extortion |
FAQs
Under Section 375 of the Indian Penal Code, 1860, can someone be charged for theft of immovable property?
No, the crime of theft does not apply to immovable property. For crimes against immovable property, a person may be charged with trespass, criminal misappropriation, or criminal breach of trust.
Can a person steal their own property
Yes, a person can steal their own stuff, When a piece of property is pawned, the real owner still owns it, but he is unable to use it, so a situation like this could occur. If the true owner steals the item back in that situation, it will be seen as theft.