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Report No. 156

Clause 161

12.61. Under this clause, the existing sections 380 and 381 which deal with offences of theft are sought to be substituted by sections bearing the same numbers. This existing section 380 deals with theft in any building, dwelling house, tent or vessel etc. and lays down that such an offence shall be punishable with imprisonment of either description, whicl, may extend to seven years and shall also be liable to fine.

In the new section, more number of places where such theft is committed are added. For instance aircraft etc. and sub-section (2) specifically includes theft of "antiquity or art treasure" and theft in respect of those things is made a graver offence and is punishable with ten years. In clause (d) of the section in the Bill the words "shall be punished with imprisonment of either description for a term" appear to be missing.

They have to be added. Another new section 380A deals with theft of property affected by accident, fire, flood etc. The property thus affected cannot be easily protected and committing the theft of the same is rather easy and, therefore, this section is specifically meant to deal with the offence of theft of such property. There is no existing provision which covers such crime. The changes may be carried out.

Section 381

12.62. The existing section 381 deals with theft by clerk or servant of property. The scope of the section is broadened by the new section 381. The earlier section covered only theft by clerk or servant but the new section says that whoever being employee in any capacity would be liable when he commits such theft.

Section 381A, a new section, intends to cover thefts of any property by putting any person in a State of intoxication. Though in a way, it may be covered by the section dealing with theft in general but the object appears to be to make the sentence severe by making the same rigorous and the same may be inserted.

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