Write a detail note on Theft & Extortion. Also discuss distinguish between Theft & Extortion. ~ Balochistan Law Forum

Q. Write a detail note on Theft & Extortion. Also discuss distinguish between Theft & Extortion.

1. INTRIDUCTION.

Extortion is the offence carried out by overpowering the will of the owner, while Theft is the offence which is committed without the consent of the owner. The offence of Extortion occupies a middle place between Theft and Robbery.

2. RELEVANT PROVISIONS.

(I). Sections 378 to 382 of Pakistan Penal Code 1860 deal the term Theft.

(II). Sections 383 to 389 of Pakistan Penal Code 1860 deal the term Extortion.

3. MEANING OF THEFT UNDER BLACK’S LAW DICTIONARY.

Theft is the felonious taking and removing of another’s personal property with the intent of depriving the true owner of it.

4. DEFINITION OF THEFT UNDER SECTION 378 OF PAKISTAN PENAL CODE 1860.

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.

Explanation 1:

A thing so long as it is attached to the earth, not being movable property, is not the subject of theft; but it becomes capable of being the subject of theft as soon as it is served from the earth.

Explanation 2:

A moving effected by the same act which effects the severance may be a theft.

Explanation 3:

A person is said to cause a thing to move by removing an obstacle, which prevented it from moving, or by separating it from any other thing, as well as by actually moving it.

Explanation 4:

A person, who by any means causes an animal to move, is said to move that animal, and to move everything which, in consequence of the motion so caused, is moved by that animal.

Explanation 5:

The consent mentioned in the definition may be express or implied, and may be given either by the person in possession, or by any person having for that purpose authority either express or implied.

(III). Illustrations.

(a). ‘A’ cuts down a tree on ‘Z's ground with the intention of dishonestly taking the tree out of ‘Z's possession without ‘Z's consent. Here, as soon as ‘A’ has severed the tree in order to such taking, the has committed theft.

(b). ‘A’ puts a bait for dogs in his pockets, and thus induces ‘Z's dog to follow it. Here if ‘A's intention be dishonestly to take the dog out of ‘Z's possession without ‘Z's consent ‘A’ has committed theft as soon as ‘Z's dog has begun to follow ‘A’.

(c). ‘A’ meets a bullock carrying a box of treasure. He drives the bullock in a certain direction, in order that he may dishonestly take the treasure. As soon as the bullock begins to move, ‘A’ has committed theft of the treasure.

(d). ‘A’ being ‘Z's servant and entrusted by ‘Z’ with the care of ‘Z's plate, dishonestly runs away with the plate, without ‘Z's consent. ‘A’ has committed theft.

(e). ‘Z’, going on a journey, entrusts his plate to ‘A’ the keeper of a warehouse, till ‘Z’ shall return. ‘A’ carries the plate to a goldsmith and sells it. Here the plate was not in 2's possession. It could not, therefore, be taken out of ‘Z's possession, and ‘A’ has not committed theft though he may have committed criminal breach of trust.

(f). ‘A’ finds a ring belonging to ‘Z’ on a table in the house which ‘Z’ occupies. Here the ring in ‘Z's possession, and if ‘A’ dishonestly removes it. ‘A’ commits theft.

(g). ‘A’ finds a ring lying on the high-road, not in the possession of any person. ‘A’ by taking it, commits no theft, though he may commit criminal misappropriation of property,

(h). ‘A’ sees a ring belonging to ‘Z’ lying on a table in ‘Z's house. Not venturing to misappropriate the ring immediately for fear of search and detection ‘A’ hides the ring in a place where it is highly improbable that it will ever be found by ‘Z’ with the intention of taking the ring from the hiding place and soiling it when the toss is forgotten Here ‘A’. at the time of first moving the ring, commits the theft.

(i). ‘A’ delivers his watch to ‘Z’, a jeweler to be regulated. ‘Z’ carries it to his shop. ‘A’, not owing to the jeweler, any debt for which the jewelers might lawfully detain the watch as a security, enters the shop openly, takes his watch by force out of ‘Y's hand, and carries it away. Here ‘A’, though he may have committed criminal trespass and assault, has not committed theft, inasmuch as what he did was not done dishonestly.

(j). If ‘A’ owes money to ‘Z’ for repairing the watch, and if ‘Z’ retains the watch lawfully as a security for the debt, and ‘A’ takes the watch out of ‘Z's possession, with the intention of depriving ‘Z’ of the property as security for his debt. He commits theft, inasmuch as he takes it dishonestly.

(k). Again, if ‘A’ having pawned his watch to ‘Z’, takes it of ‘Z's possession without ‘Z's consent not having paid what he borrowed on the watch, he commits theft, though the watch is his own property inasmuch as he takes it dishonestly.

(l). ‘A’ takes an article belonging to ‘Z’ out of ‘Z's possession without ‘Z's consent, with the intention of keeping it until he obtains money from ‘Z’ as a reward for its restoration Here ‘A’ takes dishonestly: ‘A’ has. Therefore, committed theft.

(m). ‘A’ being on friendly terms with ‘Z’, goes to ‘Z's library in ‘Z's absence, and takes away a book without ‘Z's express consent for the purpose merely of reading it. And with the intention of returning it. Here, it is probable that A may have conceived that he had ‘Z's implied consent to use ‘Z's book. If this was ‘A's impression, ‘A’ has not committed theft.

. ‘A’ asks charity from ‘Z's wife. She gives ‘A’ money, food and clothes, which ‘A’ knows to belong to her husband. Here it is probable that ‘A’ may conceive that ‘Z's wife is authorized to give away alms. If this was A's impression. ‘A’ has not committed theft.

(o). ‘A’ is the paramour of ‘Z's wife. She gives ‘A’ valuable property, which ‘A’ knows to belong to her husband ‘Z’, and to be such property as she has no authority from ‘Z’ to give. If ‘A’ takes the property dishonestly, he commits theft.

(p). ‘A’, in good faith believing property belonging to ‘Z’ to be ‘A's own property, takes that property out of S's possession. Here, as ‘A’ does not take dishonestly, he does not commit theft.

5. INGREDIENTS OF THEFT.

Following are the important ingredients of theft.

(i). Dishonest Intention.

It is essential for Theft that the removal of the property in question must have been with the intention to take the property dishonestly. In other words, there must be intent to cause Wrongful Gain to 1 person or wrongful loss to another person. Where property is recovered in the assertion of a contested claim of rights however unjustified that claim may be, the removal thereof does not constitute Theft.

(ii). Movable Property.

The property must be movable. Movable property means such property which is easily moved from one place to another place and not attached with the earth which is called movable property.

(iii). Out of Possession of Any Person.

The property which is subject matter of Theft, should be in possession of someone else than the person charged with Theft. As where the property is not removed from the possession of another person, no offence is said to have been committed. So in order to constitute the offence of Theft, the property must be in possession of any person other than the person charged with Theft.

(iv). Without Consent of That Person.

The taking of the property out of the possession of owner must be without consent. As where the things are moved with the consent of the owner. The offence of Theft is not constituted. So the taking or moving of property out of possession of owner must be without his consent.

(v). Moves That Property is Order To Such Taking.

Since the definition of theft requires that the moving of property is to be “in order to such taking” the word “such” meaning intending to take dishonestly, the very moving must be with dishonest intention. Till the property is moved no offence of Theft can be committed if the accused had intended to take dishonestly the property out of possession of any other person without his consent. So there must be must removal of property in order to accomplish the taking of it.

6. PUNISHMENT FOR THEFT UNDER SECTION 379 OF PAKISTAN PENAL CODE 1860.

Whoever commits theft shall be punished with imprisonment of either description for a term which may extend to 3 years, or with fine, or with both.

Case Law.

2000 MLD 651.

It was held that person found guilty of offence of Theft Under Section 379 of Pakistan Penal Code 1860 cannot Simultaneously be convicted Under Section 411 of Pakistan Penal Code 1860.

7.PUNISHMENT FOR THEFT IN DWELLING HOUSE, ETC.. UNDER SECTION 380 OF PAKISTAN PENAL CODE 1860.

Whoever commits theft in any building, tent or vessel, which building, tent or vessel is used as a human dwelling, or used for the custody of property shall be punished with imprisonment of either description for a term which may extend to 7 years, and shall also be liable to fine.

8. PUNISHMENT FOR THEFT BY CLERK OR SERVANT OR PROPERTY IN POSSESSION OF MASTER UNDER SECTION 381 OF PAKISTAN PENAL CODE 1860.

Whoever being a clerk or servant, or being employed in the capacity of a clerk or servant, commits theft in respect of any property in the possession of his master or-employer, shall be punished with imprisonment of either description for a term which may extend to 7 years, and shall also be liable to fine.

9. PUNISHMENT FOR THEFT OF A CAR OR OTHER MOTOR VEHICLES UNDER SECTION 381-A OF PAKISTAN PENAL CODE 1860.

Whoever commits theft of a car or any other motor vehicle, including motor-cycle, scooter and Tractor shall be punished with imprisonment of either description for a term which may extend to 7 years and with fine not exceeding the value of the stolen car or motor vehicle.

[Explanation: Theft of an electric motor of a tube-well or transformer shall be within the meaning of this section.]

10. PUNISHMENT FOR THEFT AFTER PREPARATION MADE FOR CAUSING DEATH, HURT OR RESTRAINT IN ORDER TO THE COMMISSION OF THE THEFT UNDER SECTION 382 OF PAKISTAN PENAL CODE 1860.

Whoever, commits theft, having made preparation for causing death, or hurt, or restraint, or fear of death, or of hurt, or of restraint, to any person, in order to the committing of such theft, or in order to the effecting of his escape after the committing of such theft, or in order to the retaining of property' taken by such theft, shall be punished with rigorous imprisonment for a term, which may extend to 10 years, and shall also be liable to fine.

(i). Illustrations.

(a). ‘A’ commits theft on property in ‘Z's possession, and, while committing this theft, he has a loaded pistol under his garment having provided this pistol for the purpose of hurting ‘Z’ in case ‘Z’ should resist. ‘A’ has committed the offence defined in this section.

(b). ‘A’ picks ‘Z's pocket, having posted several of his companions near him, in order that they may restrain ‘Z’. If ‘Z’ should perceive what is passing and should resist, or should attempt to apprehend ‘A’. ‘A’ has committed the offence defined in this section.

11. MEANING OF EXTORTION.

Its ordinary & proper legal meaning is the taking of money or any valuable thing by one public officer by color of his office, and otherwise than in good faith on a mistake as to the law, where none or less is due; or before it is due.

12. DEFINITION OF EXTORTION UNDER SECTION 383 OF PAKISTAN PENAL CODE 1860.

Whoever intentionally puts any person in fear of any injury to that person, or to any other, and thereby dishonestly induces the person so put in fear to deliver to any person any property or valuable security or anything signed or sealed which may be converted into a valuable security, commits "extortion".

(I). Illustrations.

(a). ‘A’ threatens to publish a defamatory libel concerning ‘Z’ unless ‘Z’ gives him money. He thus induces ‘Z’ to give him money. ‘A’ has committed extortion.

(b). ‘A’ threatens ‘Z’ that he will keep ‘Z's child in wrongful confinement, unless ‘Z’ will sign and deliver to ‘A’ a promissory-note binding ‘Z’, to pay certain money to ‘A’. ‘Z’ signs and delivers the note. ‘A’ has committed extortion.

(c). ‘A’ threatens to send club-men to plough up ‘Z's field unless ‘A’ will sign and deliver to 6 a bond binding ‘Z’ under a penalty to deliver certain produce to ‘B’, and thereby induces ‘Z’ to sign and deliver the bond. ‘A’ has committed extortion.

(d). ‘A’, by putting ‘Z’ in fear of grievous hurt, dishonestly induces ‘Z’ to sign or affix his seal to a blank paper and deliver it to ‘A’. ‘Z’ signs and delivers the paper to ‘A’. Here, as the paper so signed may be converted into a valuable security, ‘A’ has committed extortion.

13. INGREDIENTS OF EXTORTION UNDER SECTION 383 OF PAKISTAN PENAL CODE 1860.

Following are the important ingredients of Extortion.

(I). Intention Has To Be Dishonest.

As we are very well aware of the fact that a person is not guilty of any offence unless his mind be also guilty. It means to establish an offence of Extortion, the guilty mind of the accused to get property or any other security has to be proved.

(II). Fear of Injury.

There must be intentionally putting a person in fear of injury to himself or another. Injury implies illegal harm and it may be of any kind.

(i). Illustration.

‘A’ threatens ‘B’ that he will keep ‘A’s child in Wrongful Confinement unless ‘A’ gives him certain amount of money. ‘A’ has committed Extortion.

(III). Dishonest Inducement.

The element of dishonesty is the essence of the offence of Extortion. There can be no Extortion unless a person is by threat of injury dishonestly induces to deliver to any person any property or valuable security, or anything signed or sealed which may be converted into valuable security.

(i). Illustration.

‘A’, by putting ‘Z’ in fear of grievous hurt, dishonestly induces ‘Z’ to sign or affix his seal to a blank paper and deliver it to ‘A’. ‘Z’ signs and delivers the paper to ‘A’. Here, as the paper so signed may be converted into a valuable security, ‘A’ has committed extortion.

(IV). Delivery of Property or Valuable Security.

The word property as used in Section 383 of Pakistan Penal Code 1860 can be

(i). Movable; or

(ii). Immovable

In the end the person induced to deliver the possession of the property or any other valuable security must deliver the same. There must be actual delivery of possession by the person put in fear of injury.

Another important thing in that such delivery of property or valuable security may be to any person other than one who is inducing to deliver the same.

Illustration.

‘A’ threatens to kill ‘B’ if ‘B’ will not give certain property to ‘C’. Here inducement is coming from ‘A’ while delivery of property is to ‘C’. The offence of Extortion is complete.

14. PUNISHMENT FOR EXTORTION UNDER SECTION 384 OF PAKISTAN PENAL CODE 1860.

Whoever, commits extortion shall be punished with imprisonment of either description for a term which may extend to 3 years, or with fine, or with both.

15. PUNISHMENT FOR PUTTING PERSON IN FEAR OF INJURY IN ORDER TO COMMIT EXTORTION UNDER SECTION 385 OF PAKISTAN PENAL CODE 1860.

Whoever, in order to the committing of extortion, puts any, person in fear, or attempts to put any person in fear, of any injury, shall be punished with imprisonment of either description for a term which may extend to 2 years, or with fine, or with both.

16. PUNISHMENT FOR EXTORTION PUTTING PERSON IN FEAR OF DEATH OR GREVIOUS HURT UNDER SECTION 386 OF PAKISTAN PENAL CODE 1860.

Whoever commits extortion by putting any person in fear of death or of grievous hurt to that person to any other, shall be punished with imprisonment of either description for a term which may extend to 10 years and shall also be liable to fine.

17. PUNISHMENT FOR PUTTING PERSON IN FEAR OF DEATH OR GREVIOUS HURT IN ORDER TO COMMIT EXTORTION UNDER SECTION 387 OF PAKISTAN PENAL CODE 1860.

Whoever, in order to the committing of extortion, puts or attempts to put any person in fear of death or of grievous hurt to that person or to any Other, shall be punished with imprisonment of either description for a term which may extend to 7 years, and shall also be liable to fine.

18. PUNISHMENT FOR EXTORTION BY THREAT OF ACCUSATION OF AN OFFENCE PUNISHEBALE WITH DEATH OR IMPRISONMENT FOR LIFE ETC UNDER SECTION 388 OF PAKISTAN PENAL CODE 1860.

Whoever commits extortion by putting any person in fear of an accusation against that person or any other, of having committed or attempted to commit any offence punishable with death, or with imprisonment for life, with imprisonment for a term which may extend to 10 years, or of having attempted to induce any other person to commit such offence, shall be punished with imprisonment of either description for a term which may extend to 10 years, and shall also be liable to fine; and, if the offence be one punishable under Sec. 377 of this Code, may be punished with imprisonment for life.

19. PUTTING PERSON IN FEAR OF ACCUSATION OF OFFENCE, IN ORDER TO COMMIT EXTORTION UNDER SECTION 389 OF PAKISTAN PENAL CODE 1860.

Whoever, in order to the committing of extortion, puts or attempts to put any person in fear of an accusation, against that person or any other, of having committed, or attempted to commit, commit an offence punishable with death or with imprisonment for life, or imprisonment for a term which may extend to 10 years, shall be punished with imprisonment of either description for a term which may extend to 10 years, and shall also be liable to fine, and, if the offence be one punishable under Sec. 377 of this Code, may be punished with imprisonment for life.

20. DIFFERENT BETWEEN THEFT AND EXTORTION.

(I). As To Relevant Provisions.

Theft.

Sections 378 to 382 of Pakistan Penal Code 1860 deal the term Theft.

Extortion.

Sections 383 to 389 of Pakistan Penal Code 1860 deal the term Extortion.

(II). As To Meaning.

Theft.

Theft is the felonious taking and removing of another’s personal property with the intent of depriving the true owner of it.

Extortion.

(III). As To Definition.

Theft.

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.

Extortion.

(IV). As To Consent.

Theft.

In Theft, the offender’s intention is to take the property without the owner’s consent.

Extortion.

In Extortion consent is obtained by putting the person in possession of property in fear of injury to himself or any other person.

(V). As To Property.

Theft.

In Theft, the property used only movable property.

Extortion.

In Extortion, the property used movable an immovable property.

(VI). As To Element of Force.

Theft.

There is no element of force in Theft.

Extortion.

There is element of force in the offence of Extortion as the property is obtained putting a person in fear of injury to that person or any other.

(VII). As To Scope.

Theft.

Theft covers only the cases of movable property.

Extortion.

Extortion is wider in scope as it covers any kind of property, valuable security or anything that may be converted into valuable security.

(VIII). As To Taking of Property.

Theft.

In Theft, property must be move by a person in order to such taking.

Extortion.

In Extortion, threat may be by one person and the property may be received by another person.

(IX). As To Effect.

Theft.

In Theft, there is dishonest removal of property.

Extortion.

In Extortion, the property is delivered.

21. CONCLUSION.

The pith and marrow of all the previous discussion there is no iota untruth shows that the offence of Theft and Extortion are offences against property. Extortion is the offence which occupies a middle place between Theft & Robbery as the element of force is present in this offence, which is missing in the offence of Theft.