Official Text
“Whoever commits theft shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or both.”
Legal Analysis
Elements to Prove:
- The accused committed theft as defined in Section 378.
- All elements of theft were present.
- The theft was intentional and not accidental.
- The property was actually taken.
Potential Defenses:
- No theft was committed.
- The accused had no dishonest intention.
- The accused had consent to take the property.
- The accused believed the property was their own.
Practical Examples
What Constitutes the Offense:
A person convicted of theft under Section 378.
What Doesn't Constitute:
A person convicted of other property offenses, or acquitted of theft.
Important Case Laws
K.N. Mehra v. State of Rajasthan (1957)
The Supreme Court upheld the punishment structure for theft offenses.
Punishment
Up to 3 years, or Fine, or both
Related Information
Connected Sections:
This section provides punishment for theft. It follows Section 378 (Definition of theft).
Procedural Aspects:
Prosecution requires proof of theft under Section 378. The case is triable by any Magistrate.