Report No. 29
Appendix 7
Existing Statutory as to Theft and Misapropriation of Public Property and Funds
The Prevention of Corruption Act, 1947
Name of the Act |
Section number |
Gist of the section |
Penalty |
(1) |
(2) |
(3) |
(4) |
| 1. The Prevention of Corruption Act, 1947 (2 of 1947). | 5 |
Section 5(1)(c) provides that a public servant will be considered to have committed the offence or criminal misconduct if he dishonestly or fraudulently misappropriates or otherwise converts for his own use any property entrusted to him or under his control or allowing any other person so to do. | Section 5(2) punishes such a person with imprisonment for a term not less than one year but it may extend to seven year and shall also be liable to fine. A discretion is, however, given to the court to award a sentence less than one year for any special reason to be recorded in writing. According to section 5(2)A, the amount involved in such a misappropriation, will have to be taken into consideration in fixing the fine. |
5(3) |
Section 5(3) introduces a presumption that where an accused or any person on his behalf is in possession of pecuniary resources or property disproportionate to his known source of income, he will be deemed to be guilty of misconduct unless he has satisfactorily explained. | ||
| 2. The Criminal Law (Amendment) Act, 1962. | 61 |
Section 61 empowers the State Government to appoint special judges to try corruption and misappropriation cases under sections 161-165 and 165A, Indian Penal Code and section 5(2) of the Prevention of Corruption Act, 1947. | |
| 3. The Indian Post Office Act, 1898(6 of 1898). | 52 |
Section 52 states that any officer who commits theft or dishonestly misappropriates any postal article shall be punished with imprisonment for a term which may extend to seven years and shall also be punishable with fine. postal article is defined in section 2(1). | |
56 |
Section 56 makes it an offence for those postal employees who post or put into any postal article without paying the required charges, intending thereby to defraud the Government of the postage. | The punishment may extend to imprison upto two years or fine or both. | |
| 4. The Railway Store (Unlawful Possession) Act, 1955 (51 of 1955). | 3 |
Section 3 provides that if any person is found in possession of any article of railway store, reasonably suspected of being stolen or unlawfully obtained and cannot account satisfactorily for the same, shall for a term which may extend to five years or with fine or with both. | |
| 5. The Navy Act, 1957 (62 of 1957). | 67 |
Section 67 prescribes that any person is subject to naval law, who breaks bulk on board any vessel taken as a prize, with intent dishonesty to misappropriate anything therein, shall be punished with imprisonment for a term which may extend to two years. | |
| 6. The Air Force Act, 1950(45 of 1950). | 36B |
Section 36B states that any person, subject to this act, breaks into any house etc. in search of a plunder, shall be punished with imprisonment for a term which may extend to 14 years or such less punishment as is otherwise provided in this Act. If the offence is committed while not in active service, the maximum punishment that can be awarded is seven years. | |
52 |
Section 52 provides that any person subject to this Act, who commits any of the following offences, that is to say- (a) commits theft of any property belonging to the Government or to any Military, Naval or Air Force mess; or (b) dishonestly misappropriates or converts to his own use any such property; or (c) commits criminal breach of trust in respect of any such property; or (d) dishonestly receives or retains any such property in respect of which any of the offences referred to above, knowing or having reason to believe the commission of such offence.... shall be punished with imprisonment extending upto ten years or such less punishment as in this Act is mentioned. |
||
67 |
Section 67 makes an attempt to commit any such offence punishable for a term which may extend to one half of the longest term provided for that offence or such less punishment as is mentioned in this Act. But for an attempt to become an offence, some act should be done towards the commission of the offence. | ||
| 7. The Army Act, 1950 (46 of 1950). | The Army Act contains almost similar provisions as in the Air Force Act, 1950. See section 36B, section 52 and section 66. | ||
| 8. The Assam Rifles Act, 1941 (5 of 1941). | 7 "Q" |
Section 7 "Q" makes it an offence if a rifleman plunders, destroys or damages any property of any kind. | The punishment may extend to one year or fine up to Rs. 200 or both. |
| 9. The Central Reserve Police Force Act, 1949 (66 of 1949). | 9J |
Section 9J provides,inter alia, that every member of the force on active duty, who breaks into any house or other place for plunder or plunders, destroys or damages property of any kind, shall be punishable with transportation for life etc. | |
14 |
Section 14 provides that whenever any weapon, part of the weapon or ammunition is lost or stolen, the Commandant may impose a collective fine upon subordinate officers and men of such unit whom he considers to be responsible for such a loss or theft. | ||
| 10. The Indian Forest Act, 1927 (16 of 1927). | 33(I) |
Section 33(1) provides for certain offences some of which partake of the character of theft and misappropriation of public property. The punishment may extend to six months' imprisonment or fine up to Rs. 500 or with both. | |
| 11. The Indian Reserve Force Act, 1888 (4 of 1888). | 6 |
Section 6 states that if a person belonging to the Reserve Forces, fraudulently obtains any pay or other sum contrary to any rule or order, shall, on conviction by Court-Martial, be punishable as the court under the Army Act can award. But this punishment shall be short of death, transportation, or imprisonment exceeding one year. | |
| 12. Administration of Evacuee Property Act, 1950. | 32 |
Section 32 states that any person who unlawfully converts to his own use any evacuee property, shall be punishable with imprisonment for a term which may extend to three years or with fine or with both. | |
| 13. The Indian Electricity Act, 1910(9 of 1910). | 39 |
Section 39 states that whoever dishonestly abstracts, consumes or uses any energy, shall be deemed to have committed theft within the meaning of the Indian Penal Code and the existence of artificial means for such an abstraction shall be presumed to be evidence of such an abstraction. | |
49 |
Section 49 extends the application of section 39 to cases where the energy is supplied to works belonging to Central or State Governments. | ||
| 14. The Indian Penal Code (45 of 1860). | 389 |
Section 389 provides that whoever, being 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. | |
405 |
Section 405 provides that whoever, entrusted with property, dishonestly misappropriates or converts to his own use that property or dishonestly uses or disposes of the property in violation of any direction of the law etc., he will be deemed to have committed criminal breach of trust. One of the illustrations given under this section is: "A, a revenue officer, is entrusted with public money and he is directed by law, or bound by a contract, expressed or implied, with a Government to pay into certain treasury all the public money which he holds. A dishonestly appropriates the money. A has committed criminal breach of trust." | Section 406 prescribes punishment for criminal breach of trust: imprisonment of either description for a term which may extend to 3 years, or with fine, or with both. | |
407 |
Section 407 provides that whoever, being entrusted with a property as a carrier, wharfinger or warehouse-keeper, commits criminal breach of trust in respect of such property, shall be punished with imprisonment of either description for a term which may extend to seven years and shall also be liable to fine. | ||
408 |
Section 408 states that whoever, being a clerk or servant, entrusted in such capacity with property commits criminal breach of trust in respect of that property, shall be punished with imprisonment of either description for a term which may extend to seven years and shall also be liable to fine. | ||
409 |
Section 409 provides that whoever, being in any manner entrusted with property in his capacity of a public servant etc., commits criminal breach of trust in respect of that property, shall be punished with imprisonment for life or imprisonment of either description for a term which may extend to ten years, shall also be liable to fine. | ||
| 15. The Indian Telegraph Act, 1885 (13 of 1885). | 25 |
If any person intending,inter alia, to commit mischief, damages, removes, tampers with or touches any battery, machinery, telegraph lines etc., it is an offence. | Punishment may extend to imprisonment upto three years, or fine, or both. |
25A |
Section 25A makes provision for punishment and fine against those who willfully or negligently damage any telegraph material. | ||
27 |
Section 27 punishes telegraph officers who, with an intention to defraud Government, send messages without paying the required charges. | The punishment may extend to imprisonment upto three years, or fine, or 13 both. | |
33 |
Section 33 makes provision for appointment of additional police force in those areas where wrongful damage to telegraph property is repeatedly and maliciously committed. The expenses involved in the employment of such police force are to be borne by the inhabitants of such place | ||
| 16. The Telegraph Wires (Unlawful Possession) Act, 1950 (74 of 1950). | 5 |
Section 5 provides that whosoever is in possession of any quantity of telegraph wires shall be punishable, unless he proves that they are in possession lawfully. | The punishment may extend to imprisonment upto 5 years, or fine, or both1. |
The offence is regarded as graver than theft. See Banchhanidhi v. State, AIR 1959 Ori 177 (179), para 10.
Back
