CHAPTER XVII
OF OFFENCES AGAINST PROPERTY
Of Theft
378. 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.
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.
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 jeweller to be regulated. Z carries it to his shop. A, not
owing to the jeweller, any debt for which the jewellers 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
(n) 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 authorised
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.
379. Punishment for theft: Whoever commits theft shall be punished with imprisonment
of either description for a term which may extend to three years, or with fine, or with both.
380. Theft in dwelling house, etc.: 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 seven years, and shall also be liable to fine.
381. Theft by clerk or servant or property in possession of master: 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 seven years, and
shall also be liable to fine.

381-A. Theft of a car or other motor vehicles : 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 seven 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.
S. 381 A added by the Criminal Law (Amdt). Act, I of 1996.
382. Theft after preparation made for causing death, hurt or restraint in order to the
committing of the theft: 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 ten years, and
shall also be liable to fine.
Illustrations
(a.) A commits theft on property in Z's possession: and, while committing this theft, hff1
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.
Of Extortion
383. Extortion : 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".
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 sing 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.
384. Punishment for extortion: Whoever, commits extortion shall be punished with
imprisonment of either description for a term which may extend to three years, or with fine,
or with both.
385. Putting person in fear of injury in order to commit extortion: 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 two years, or with fine, or with both.
386. Extortion by putting a person in fear of death or grievous hurt: 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 ten years and shall also be liable to fine.
387. Putting person in fear of death or of grievous hurt, in order to commit
extortion: 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 seven
years, and shall also be liable to fine.
388. Extortion by threat of accusation of an offence punishable with death or
imprisonment for life, etc.: 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 ten 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 ten 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.
389. Putting person in fear of accusation of offence, in order to commit extortion:
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 ten years, shall be punished with
imprisonment of either description for a term which may extend to ten 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.
Of Robbery and Dacoity

390. Robbery : In all robbery there is either theft or extortion.
When theft is robbery: Theft is "robbery" if, in order to the committing of the theft, or in
committing the theft, or in carrying away or attempting to carry away property obtained by
the theft, the offence, for that end, voluntarily causes or attempts to cause to any person
death or hurt, or wrongful restraint, or fear of instant death or of instant hurt or of instant
wrongful restraint.
When extortion is robbery : Extortion is "robbery" if the offender, at the time of
committing the extortion, is in the presence of the person put in fear, and commits the
extortion by putting that person in fear of instant death, of instant hurt, or of instant
wrongful restraint to that person, or to some other person, and by so putting in fear;
induces the person so put in fear then and there to deliver up the thing extorted.
Explanation: The offender is said to be present if he is sufficiently near to put the other
person in fear of instant death, of instant hurt, or of instant wrongful restraint.
Illustrations
(a) A holds Z down, and fraudulently takes Z's money and jewels from Z's clothes, without
Z's consent. Here A has committed theft, and in order to the committing of that theft, has
voluntarily caused wrongful restraint to Z. A has therefore committed robbery;
(b) A meets Z on the high road, shows a pistol, and demands Z's purse. 2, in
consequence, surrender his purse. Here A has extorted the purse from Z by putting him in
fear of instant hurt and being at the time of committing the extortion in his presence." A
has therefore committed robbery.
(c) A meets Z and Z's child on the high road. A takes the child, and threatens to filing it
down a precipice, unless Z delivers his purse. Z, in consequence, delivers his purse. Here
A has extorted the purse from Z, by causing Z to be in fear of instant hurt to the child who
is there present, A has, therefore, committed robbery on Z.
(d) A obtains property from Z by saying Your child is in the hands of my gang, and will be
put to death unless you send us ten thousand rupees". This is extortion, punishable as
such; but it is not robbery, unless Z is put in fear of the instant death of his child.
391. Dacoity: When five or more persons conjointly commit or attempt to commit a
robbery, or where the whole number of persons conjointly committing or attempting to
commit a robbery and persons present and aiding such commission or attempt, amount to
five or more, every person so committing, attempting or aiding is said to commit "dacoity".
392. Punishment for robbery: Whoever commits robbery shall be punished with rigorous
imprisonment for a term which shall not be less than three years nor more than ten years,
and shall also be liable to fine ; and, if the robbery be committed on the highway the
imprisonment may be extended to fourteen years.

393. Attempt to commit robbery: Whoever attempts to commit robbery shall be
punished with rigorous imprisonment for a term, which may extend to seven years, and
shall be liable to fine.
394. Voluntarily causing hurt in committing robbery: If any person, in committing or in
attempting to commit robbery, voluntarily causes hurt, such person, and any other person
jointly concerned in committing or attempting to commit such robbery, shall be punished
with imprisonment for life, or with rigorous imprisonment for a term which shall not be less
than four years nor more than ten years, and shall also be liable to fine.
395. Punishment for dacoity : Whoever commits dacoity shall be punished with
imprisonment for life, or with rigorous imprisonment for a term which shall not be less than
four years nor more than ten years and shall also be liable to fine.
396. Dacoity with murder : If any one of five or more persons, who are conjointly
committing dacoity, commits murder in so committing dacoity, everyone of those persons
shall be punished with death, or imprisonment for life, or rigorous imprisonment for a term
which 2[shall not be less than four years nor more than] ten years, and shall also be liable
to fine.
397. Robbery or dacoity, with attempt to cause death or grievous hurt : If, at the time
of committing robbery or dacoity, the offender uses any deadly weapon, or causes
grievous hurt to any person or attempts to cause death or grievous hurt to any person the
imprisonment with which such offender shall be punished shall not be less than seven
years.
398. Attempt to commit robbery or dacoity when armed with deadly weapon : If, at
the time of attempting to commit robbery or dacoity, the offender is armed with any deadly
weapon, the imprisonment with which such offender shall be punished shall not be less
than seven years.
399. Making preparation to commit dacoity : Whoever makes any preparation for
committing dacoity, shall be punished with rigorous imprisonment for a term which may
extend to ten years, and shall also be liable to fine.
400. Punishment for belonging to gang of dacoits : Whoever, at any time after the
passing of this Act, shall belong to a gang of persons associated for the purpose of
habitually committing dacoity, shall be punished with imprisonment for life, or with rigorous
imprisonment for a term which may extend to ten years, and shall also be liable to fine.
401. Punishment for belonging to gang of thieve : Whoever, at any time after the
passing of this Act, shall belong to any wandering or other gang of persons associated for
the purpose of habitually committing theft or robbery, and not being of thugs or dacoits,
shall be punished with rigorous imprisonment for a term which may extend to seven years,
and shall also be liable to fine.

402. Assembling for purpose of committing dacoity: Whoever, at any time after the
passing of this Act shall be one of five or more persons assembled for the purpose of
committing dacoity, shall be punished with rigorous imprisonment for a term which may
extend to seven years, and shall also be liable to fine.
Of Hijacking
402-A. Hijacking : Whoever unlawful, by the use or show of force or by threats of any
kind, seizes, or exercised control of, an aircraft is said to commit hijacking.
402-B. Punishment for Hijacking : Whoever commits, or conspires or attempts' to
commit, or abets the commission of, hijacking shall be punished with death or
imprisonment for life, and shall also be liable to forfeiture of property and fine.
402-C. Punishment for harbouring hijacking, etc. : Whoever knowingly harbours any
person whom he knows or has reason to be a person who is about to commit or has
committed or abetted an offence of hijacking, or knowingly permits any such persons to
meet or assemble in any place or premises in his possession or under his control, shall be
punished with death or imprisonment for life, and shall also be liable to fine.
Sections 402-B &. 402-C ins. by the Pakistan Penal Code (Second Amendment) Ordinance. XXX of 1981, Section 2.
Of Criminal Misappropriation of Property
403. Dishonest misappropriation of property: Whoever dishonestly misappropriates or
converts to his own use any ' movable property, shall be punished with imprisonment of
either description for a term which may extend to two years, or with fine, or with both.
Illustrations
(a) A tapes property belonging to Z out of Z's possession in good faith, believing, at the
time when he takes it, that the property belongs to himself, A is not guilty of theft; but if A,
after discovering his mistakes, dishonestly appropriates the property to his own use, he is
guilty of an offence under this section.
(b) A, being on friendly terms with Z, goes into Z's library in Z's absence, and takes away
a book without Z's express consent- Mere, if A was under the impression that he had Z's
implied consent to take the book for the purpose of reading it, A has not committed theft
But, if A afterwards sells the book for his own benefit, he is guilty of an offence under this
section.
(c) A and B, being joint owners of a horse. A takes the horse out of B's possession,
Intending to use it. Here as A has a right to use the horse he does not dishonestly
misappropriate it. But, if A sells the horse and appropriates the whole proceeds to his own
use, he is guilty of an offence under this section.
Explanation 1 : A dishonest misappropriation for a time only is a misappropriation within
the meaning of this section.

Illustration
A finds a Government promissory-note belonging to Z, bearing a blank endorsement. A
knowing that the note belongs to Z, pledges it with a banker as a security for a loan,
intending at a future time to restore it to Z A has committed an offence under this section.
Explanation 2 : A person who finds property not in the possession of any other person,
and takes such property for the purpose of protecting it for, or of restoring it to, the owner,
does not take or misappropriate it dishonestly, and is not guilty of an offence; but he is
guilty of the offence above defined, if he appropriates it to his own use, when he knows or
has the means of discovering the owner, or before he has used reasonable means to
discover and give notice to the owner and has kept the property a reasonable time to
enable the owner to claim it.
What are reasonable means or what is a reasonable time in such a case, is a question of
fact.
It is not necessary that the finder should know who is the owner of the property, or that
any particular person is the owner of it, is sufficient if, at the time of appropriating it, he
does not believe it to be his own property, or in good faith believes that the real owner
cannot be found.
Illustrations
(a) A finds a rupee on the high-road, not knowing to whom the rupee belongs. A picks up
the rupees. Here A has not committed the offence defined in this section.
(b) A finds a letter on the road, containing a bank note. From the direction and contents of
the letter he learns to whom the note belongs. He appropriate the note. He is guilty of an
offence under this section.
(c) A finds a cheque payable to bearer. He can form no conjecture as to the person who
has lost the cheque. But the name of the person, who has drawn the cheque, appear, A
knows that this person can direct him to the person on whose favour the cheque was
drawn. A appropriates the cheque without attempting to discover the owner. He is guilty of
an offence under this section.
(d) A sees Z drop his purse with money In it, A picks up the purse with the intention of
restoring it to Z, but afterwards appropriates It to his own use, A has committed an offence
under this section.
404. Dishonest misappropriation of property possessed by deceased person at
the time of his death: Whoever dishonestly misappropriates or converts to his own use
properly, knowing that such property was in the possession of a deceased person at the
time of that person decease, and has not since been in the possession of any persons
legally entitled to such possession, shad be punished with imprisonment of either
description for a term which may extend to three years and shall also be liable to fine; and

if the offender at the time of such person's decease was employed by him as a clerk or
servant, the imprisonment may extend to seven years.
Illustration
Z dies in possession of furniture and money. His servant A, before the money comes into
the possession of any person entitled to such possession, dishonestly misappropriates it.
A has committed the offence defined in this section.
Of Criminal Breach of Trust
405. Criminal breach of trust: Whoever, being in any manner entrusted with property, or
with any dominion over property, dishonestly misappropriates or converts to his own use
that property, or dishonestly uses or disposes of that property, in violation of any direction
of law prescribing the mode in which such trust is to be discharged, or of any legal
contract, express or implied, which he has made touching the discharge of such trust, or
wilfully suffers any other person so to do, commits "criminal breach of trust.
Illustrations
(a) A, being executor to the wilt of a deceased person, dishonestly disobeys the law which
directs him to divide the effects according to the will, and appropriates them to his own
use. A has committed criminal breach of trust.
(b) A is a .warehouse-keeper, Z going on a journey entrusts his furniture to A, under a
contract that it shall be returned on payment of a stipulated sum for warehouse-room. A
dishonestly sells the goods. A has committed criminal breach of trust.
(c) A, residing in Dacca, is agent for Z, residing at Lahore. There is an express or implied
contract between A and Z, that all sums remitted by Z to A shall be invested by A,
according to Z's direction. Z remits a lakh of rupees to A, with directions to A to invest the
same in Company's paper. A dishonestly disobeys the directions and employs the money
in his own business. A has committed criminal breach of trust.
(d) But if A, in the last illustration, not dishonestly but in good faith, believing that It will be
more for Z's advantage, to hold shares in the Bank of Bengal disobeys Z's directions and
buys shares in the Bank of Bengal for Z, instead of buying Company's paper, here, though
Z should suffer loss, and should be entitled to bring a civil action against A, on account of
that loss, yet A. not having acted dishonestly, has not committed criminal breach of trust.
(e) A, a Revenue-Officer, is entrusted with public money and is either directed by law, or
bound by a contract, express or implied, with the Government, to pay into a certain
treasury all the public money which he holds. A dishonestly appropriates the money. A
has committed criminal breach of trust.
(f) A, a carrier, is entrusted by Z with property to be carried by land or by water. A
dishonestly misappropriates the property. A has committed criminal breach of trust.

406. Punishment for criminal breach of trust: Whoever, commits criminal breach of
trust snail be punished with imprisonment of either description for a term which may
extend to seven years, or with fine, or with both.
407. Criminal breach of trust by carrier, etc. Whoever, being entrusted with 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. Criminal breach of trust by clerk or servant: Whoever, being a clerk or servant or
employed as a clerk or servant, and being in any manner entrusted in such capacity with
property, or with any dominion over 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. Criminal breach of trust by public servant, or by banker, merchant or agent:
Whoever being in any manner entrusted with property, or with any dominion over property
in his capacity of a public servant or in the way of his business as a banker, merchant,
factor, broker, attorney or agent, commits criminal breach of trust in respect of that
property, shall be punished with imprisonment for life or with imprisonment of either
description for a term which may extend to ten years, and shall also be liable to fine.
Of Receiving of Stolen Property
410. Stolen property: Property, the possession whereof has been transferred by theft, or
by extortion, or by robbery, and property which has been criminally misappropriated or in
respect of which criminal breach of trust has been committed, is designated as stolen,
property, "whether the transfer has been made, or the misappropriation or breach of trust
has been committed, within or without Pakistan. But, if such property subsequently comes
into the possession of a person legally entitled to the possession thereof it then ceases to
be stolen property.
411. Dishonestly receiving stolen property: Whoever dishonestly receives or retains,
any stolen property, knowing or having reason to believe the same to be stolen property,
shall be punished with imprisonment of either description for a term which may extend to
three years, or with fine, or with both.
412. Dishonestly receiving stolen property in the commission of a dacoity: Whoever
dishonestly receives or retains any stolen property, the possession whereof he knows or
has reason to believe to have been transferred by the commission of dacoity, or
dishonestly receives from person, whom he knows or has reason to believe to belong or to
have belonged to a gang of dacoits, property which he knows or has reason to believe to
have been stolen, shall be punished with imprisonment for life, or with rigorous
imprisonment for a term which may extend to ten years, and shall also be liable to fine.

413. Habitually dealing in stolen property: Whoever habitually receives or deals in
property which he knows or has reason to believe to be stolen property, shall be punished
with imprisonment for life, or with imprisonment of either description for a term which may
extend to ten years, and shall also be liable to fine.
414. Assisting in concealment of stolen property : Whoever voluntarily assists in
concealing or disposing of or making away with-property which he knows or has reason to
believe to be stolen property, shall be punished with imprisonment of either description for
a term which may extend to three years, or with fine, or with both.
Of Cheating
415. Cheating: Whoever, by deceiving any person, fraudulently or dishonestly induces
the person so deceived to deliver any property to any person, or to consent that any
person shall retain any property, or intentionally induces the person so deceived to do or
omit to do anything which he would not do or omit if he were not so deceived, and which
act or omission causes or is likely to cause damage or harm to that person 1 [or any other
person] in body, mind, reputation or property, is said to "cheat".
Explanation: A dishonest concealment of facts is a deception within the meaning of this
section.
Illustrations
(a) A, by falsely pretending to be in the Civil Service, intentionally deceives Z and thus
dishonestly induces Z to let him have on credit goods for which he does not mean to pay,
A cheats.
(b)A by putting a. counterfeit mark on an article, intentionally deceives Z, into a belief that
this article was made by a certain celebrated manufacturer, and thus dishonestly induces
Z to buy and pay for the article. A cheats.
(c) A, by exhibiting to Z a false sample of an article, Intentionally deceives Z into believing
that the article corresponds with the sample, and thereby dishonestly induces Z to buy and
pay for the article. A cheats.
(d) A, by tendering in payment for an article a bill w a house with which A keeps no money
and by which A expects that the bill will be dishonoured, intentionally deceives Z. and
thereby dishonestly Induces Z to deliver the article, intending not to pay for ft. A cheats.
(e)A, by pledging as diamonds articles which ft knows are not diamonds, intentionally
deceives Z, and thereby dishonestly induces Z to lend money, A cheats.
(f) A, intentionally deceives Z, into a belief that A means to repay any money that 2 may
lend to him and thereby dishonestly induces Z to lend him money; A not intending to repay
it. A cheats.

(g) A, intentionally deceives Z into a belief that A means to deliver to Z a certain quantity
of indigo plant which he does not intend to deliver, and thereby dishonestly induces Z to
advance money upon the faith of such delivery. A cheats; but (f A, at the time of obtaining
the money. Intends to deliver the indigo plant, and afterwards breaks Ns contact and does
not deliver ft, he does not cheat, but is liable only to a civil action for breach of contract.
(h) A intentionally deceives Z into a belief that A has performed A's part of a contract
made with Z, which he has not performed and thereby dishonestly induces Z to pay
money. A cheats.
(f}A sells and conveys an estate to S. A, knowing that in consequence of such sale he has
no right to the property, sells or mortgages the same to Z. without disclosing the fact of the
previous sale and conveyance to B, and receives the purchase or mortgage money from
Z. A cheats,
416. Cheating by personation: A person is said to "cheat by personation" if he cheats by
pretending to be some other person, or by knowingly substituting one person for another,
or representing that he or any other person is a person other than he or such other person
really is.
Explanation: The offence is committed whether the individual personated is a real or
imaginary person.
Illustrations
(a) A cheats by pretending to be a certain rich banker of the same name, A cheats by
personation.
(b) A cheats by pretending to be 8, a person who is deceased. A cheats by personation.
417. Punishment for cheating: Whoever cheats shall be punished with imprisonment of
either description for a term, which may extend to one year, or with fine, or with both.
418. Cheating with knowledge that wrongful loss may ensue to person whose
interest offender is bound to protect: Whoever cheats with the knowledge that he is
likely thereby to cause wrongful loss to a person whose interest in the transaction to which
the cheating relates, he was bound either by law, or by legal contract, to protect shall be
punished with imprisonment of either description for a term which may extend to three
years, or with fine, or with both.
419. Punishment for cheating by personation : Whoever cheats by personation shall
be punished with imprisonment of either description for a term which may
extend to seven years, or with fine, or with both.
420. Cheating and dishonestly Inducing delivery of property: Whoever cheats and
thereby dishonestly induces the person deceived to deliver any property to any person, or
to make, alter or destroy the whole or any part of a valuable security, or anything which is

signed or sealed, and which is capable of being converted into a valuable security, shall
be punished with imprisonment, of either description for a term which may extend to seven
years, and shall also be liable to fine.
Of Fraudulent Deeds and Dispossession of Property
421. Dishonest or fraudulent removal or concealment of property to prevent
distribution among creditors: Whoever dishonestly or fraudulently removes, conceals or
delivers to any person, or transfers or causes to be transferred to any person, without
adequate consideration, any property, intending thereby to prevent, or knowing it to be
likely that he will thereby prevent, the distribution of that property according to law among
his creditors or the creditors of any other .person, shall be punished with imprisonment of
either description for a term which may extend to two years, or with fine or with both.
422. Dishonestly or fraudulently preventing debt being available for creditors:
Whoever dishonestly or fraudulently prevents any debt or demand due to himself or to any
other person from being made available according to law for payment of his debt or the
debts of such other person shall be punished with imprisonment of either description for a
term which may extend to two years, or with fine, or with both.
423. Dishonest or fraudulent execution of deed of transfer containing false
statement of consideration: Whoever dishonestly or fraudulently signs, executes or
becomes a party to any deed or instrument which purports to transfer or subject to any
charge of any property, or any interest therein, and which contains any false statement
relating to the consideration for such transfer or charge, or relating to the person or
persons for whose use or benefit it is really intended to operate, shall be punished with
imprisonment of either description for a term which may extend to two years, or with fine,
or with both.
424. Dishonest or fraudulent removal or concealment of property: Whoever
dishonestly or fraudulently conceals or removes any property of himself or any other
person, or dishonestly or fraudulently assists in the concealment or removal thereof, or
dishonestly releases any demand or claim to which he is entitled, shall be punished with
imprisonment of either description for a term which may extend to two years, or with fine,
or with both.
Of Mischief
425. Mischief: Whoever, with intent to cause, or knowing that he is likely to cause,
wrongful loss or damage to the public or to any person, causes the destruction of any
property or any such change in any property or in the situation thereof as destroys or
diminishes its value or utility, or affects it injuriously, commits "mischief".
Explanation 1: It is not essential to the offence of mischief that the offender should intend
to cause loss or damage to the owner of the property injured or destroyed. It is sufficient ft

he intends to cause, or knows that he is likely to cause, wrongful loss or damage to any
person by injuring any property, whether it belongs to that person or not.
Explanation 2: Mischief may be committed by an act effecting property belonging to the
person who commits the act, or to that person and others Jointly.
Illustrations
(a) A voluntarily burns a valuable security belonging to Z intending to cause wrongful loss
to Z. A has committed mischief.
(b)A introduces water into an ice-house, belonging to Z and thus causes the ice to melt,
intending wrongful loss to Z. A has committed mischief.
(c) A, voluntarily throws into a river a ring belonging to Z with the intention of thereby
causing wrongful loss to Z, A has committed mischief.
(d) A, knowing that his effects are about to be taken In execution In order to satisfy a debt
due from him to Z, destroys those effects, with the intention of thereby preventing Z from
obtaining satisfaction of the debt, and of thus causing damage to Z. A has committed
mischief.
(e) A having insured a ship, voluntarily causes the same to be cast away with the intention
of causing damage to the underwriters. A has committed mischief.
(f) A causes a ship to be cast away, intending thereby to cause damage to Z, who has lent
money on bottomry on the ship. A has commuted mischief.
(g) A, having joint property with Z in a horse, shoots the horse, intending thereby to cause
wrongful loss to Z. A has committed mischief.
(h) A cause cattle to enter upon a field belonging to Z, intending to cause and knowing
that he is likely to cause damage to Z's crop. A has committed mischief.
426. Punishment for mischief: Whoever commits mischief shall be punished with
imprisonment of either description for a term which may extend to three months, or with
fine, or with both.
427. Mischief causing damage to the amount of fifty rupees: Whoever commit
mischief and thereby causes loss or damage to the amount of fifty rupees or upwards,
shall be punished with imprisonment of either description for a term which may extend to
two years, or with fine, or with both.
428. Mischief by killing or maiming animal of the value of ten rupees: Whoever
commits mischief by killing, poisoning, maiming or rendering useless any animal of the
value of ten rupees or upwards, shall be punished with imprisonment of either description
for a term which may extend to two years, or with fine, or with both.

429. Mischief by killing or maiming cattle, etc., of any value or any animal of the
value of fifty rupees : Whoever commits Mischief by killing, poisoning, maiming or
rendering useless, any elephant, camel, horse, mule, buffalo, bull, cow or ox, whatever
may be the value thereof, or any other animal of the value of fifty rupees or upwards, shall
be punished with imprisonment of either description for a term which may extend to five
years, or with both.
430. Mischief by injury to works of irrigation or by wrongfully diverting water:
Whoever commits mischief by doing any act which causes, or which he knows to be likely
to cause, a diminution of the supply of water for agricultural purposes, or for food or drink
for human beings or for animals which are property, or for cleanliness or for carrying on
any manufacture, shall be punished with imprisonment of either description for a term
which may extend to five years, or with fine, or with both.
431. Mischief by Injury to public road, bridge, river or channel: Whoever commits
mischief by doing any act which renders or which he knows to be likely to render any
public road, bridge, navigable river or navigable channel, natural or artificial, impassable
or less safe for travelling or conveying property, shall be punished with imprisonment of
either description for a term which may extend to five years, or with fine, or with both.
432. Mischief by causing inundation or obstruction to public drainage attended with
damage: Whoever commits mischief by doing any act which causes or which he knows to
be likely to cause an inundation or an obstruction to any public drainage attended with
injury or damage, shall be punished with imprisonment of either description for a term
which may extend to five years, or with fine, or with both.
433. Mischief by destroying, moving or rendering less useful a light-house or seamark: Whoever commits mischief by destroying or moving any light-house or other light
used as a sea-mark, or any sea-mark or buoy or other thing placed as a guide for
navigators, or by any act which renders any such light-house, sea-mark, buoy or other
such thing as aforesaid jess useful as a guide for navigators, shall be punished with
imprisonment of either description for a term which may extend to seven years, or with
fine, or with both.
434. Mischief by destroying or moving, etc., a landmark fixed by public authority:
Whoever commits mischief by destroying or moving any landmark fixed by the authority of
a public servant, or by any act which renders such landmark less useful as such, shall be
punished with imprisonment of either description for a term which may extend to one year,
or with fine, or with-both.
435. Mischief by fire or explosive substance with intent to cause damage to amount
of one hundred rupees or (in case of agricultural produce) ten rupees : Whoever
commits mischief by fire or any explosive substance, intending to cause, or knowing it to
be likely that he will thereby cause damage to any property to the amount of one hundred
rupees or upwards or (where the property is agricultural produce) ten rupees or upwards

shall be punished with imprisonment of either description for a term which shall not be less
than two years nor more than] seven years, and shall also be liable to fine.
436. Mischief by fire or explosive substance with intent to destroy house, etc.:
Whoever commits mischief by fire or any explosive substance, intending to cause, or
knowing it to be likely that he with thereby cause, the destruction of any building which is
ordinarily used as a place of worship or as a human dwelling or as a place for the custody
of property shall be punished with imprisonment for life, or with imprisonment of either
description for a term which shall not be less than three years nor more than] ten years,
and shall also be liable to fine.
437. Mischief with Intent to destroy or make unsafe a decked vessel or one of
twenty tons burden: Whoever commits mischief, to any decked vessel or any vessel of a
burden of twenty tons or upwards, intending to destroy or render unsafe, or knowing ft to
be likely that he will thereby destroy or render unsafe, that vessel, shall be punished with
imprisonment of either description for a term which may extend to ten years, and shall
also be liable to fine.
438. Punishment for the mischief described in Section 437 committed by fire or
explosive substance: Whoever commits, or attempts to commit, by fire or any explosive
substance, such mischief as is described in the last preceding section, shall be punished
with imprisonment for life or with imprisonment of either description for a term which may
extend to ten years, and shall also be liable to fine.
439. Punishment for intentionally running vessel aground or ashore with Intent to
commit theft, etc,: Whoever intentionally runs any vessel aground or ashore, intending to
commit theft of any property contained therein or to' dishonestly misappropriate any such
property, or with intent that such theft or misappropriation of property may be committed,
shall be punished with imprisonment of either description for a term which may extend to
ten years, and shall also be liable to fine.
440. Mischief committed after preparation made for causing death or hurt: Whoever
commits mischief, having made preparation for causing to any person death, or hurt, or
wrongful restraint, or fear of death, or of hurt, or of wrongful restraint shall be punished
with imprisonment of either description for a term which may extend to five years, and
shall also be liable to fine.
Of Criminal Trespass
441. Criminal trespass: Whoever enters into or upon property in the possession of
another with intent to commit an offence or to intimidate, insult or annoy any person in
possession of such property, or, having lawfully entered into or upon such property,
unlawfully remains there with intent thereby to intimidate, insult or annoy any such person,
or with intent to commit an offence, is said to commit "criminal trespass".

442. House-trespass: Whoever commits criminal trespass by entering into or
remaining in any building, tent or vessel used as a human dwelling or any building used as
a place for worship, or as a place for the custody of property, is said to commit "housetrespass".
Explanation: The introduction of any part of the criminal trespasser's body is entering
sufficient to constitute house trespass.
443. Lurking house-trespass: Whoever commits house-trespass having taken
precautions to conceal such house-trespass from some person who has a right to exclude
or eject the trespasser from the building, tent or vessel which is the subject of the
trespass, is said to commit "lurking house- trespass".
444. Lurking house-trespass by night: Whoever commits lurking house-trespass after
sunset and before sunrise, is said to commit 'lurking house-trespass by night".
445. House-breaking: A person is said to commit "house-breaking" who commits house-
trespass if he effects his entrance into the house or-any part of it in any of the six ways
hereinafter described; or if, being in the house or any part of it for the purpose of
committing an offence, or, having committed an offence therein, he quits the house or any
part of it in any of such six ways, that is to say:"
First: If he enters or quits through a passage made by himself, or by any abettor of the
house-trespass, in order to the committing of the house-trespass.
Secondly : If he enters or quits through any passage not intended by any person, other
than himself or an abettor of the offence, for human entrance; or through any passage to
which he has obtained access by scaling or climbing over any wall or building.
Thirdly : If he enters or quits through any passage which he or any abettor of the house-
trespass has opened, in order to the committing of the house-trespass by any means by
which that passage was not intended by the occupier of the house to be-opened.
Fourthly: If he enters or quits by opening any lock in order to the committing of the house-
trespass, or in order to the quitting of the house after a house-trespass.
Fifthly: if he effects his entrance or departure by using criminal force of committing an
assault, or by threatening any person with assault.
Sixthly: he enters or quits any passage which he knows to have been fastened against
such entrance or departure, and to. have been fastened by himself or by an abettor of the
house-trespass.
Explanation : Any out-house or building occupied with a house, and between, which and.
such house there is an immediate internal communication, is part of the house within the
meaning of this section.

Illustrations
(a) A commits house-trespass by making a hole through the wall of Z's house, and putting
his hand through the aperture. This is house breaking.
(b) A commits house-trespass by creeping into a ship at a port hole between decks. This
is house breaking.
(c) A commits house-trespass by entering Z's house through a window. This is housebreaking.
(d) A commits house-trespass by entering Z's house through the door, having opened a
door, which was fastened. This is house-breaking.
(e) A commits house-trespass by entering Z's house through the door having lifted a latch
by putting a wire through a hole in the door. This is house-breaking:
(f) A finds the key of Z's house door, which Z had lost, and commits house-trespass by
entering Z's house, having opened the door with that key. This is house breaking.
(g) Z is standing in his doorway. A forces a passage by knowing Z down, and commits
house-trespass by entering the house. This is house breaking.
(h) Z, the door-keeper of Y is standing in Y's doorway. A commits house-trespass by
entering the house, having deterred Z from opposing him by threatening to beat him. This
is house-breaking.
446. House-breaking by night: Whoever commits house-breaking after sunset and
before sunrise, is said to commit "house-breaking by night."
447. Punishment for criminal trespass: Whoever commits criminal trespass shall be
punished with imprisonment of either description for a term which may extend to three
months, or with fine which may extend to five hundred rupees, or with both.
448. Punishment for house-trespass : Whoever commits house-trespass shall be
punished with imprisonment of either description for a term which may extend to one year,
or with fine which may extend to one thousand rupees, or with both.
449. House-trespass in order to commit offence punishable with death : Whoever
commits house-trespass in order to the committing of any offence punishable with death,
shall be punished with imprisonment for life, or with rigorous imprisonment for a term not
exceeding ten years, and shall also be liable to fine.
450. House-trespass In order to commit offence punishable with imprisonment for
life: Whoever commits house-trespass in order to the committing of any offence

punishable with imprisonment for life, shall be punished with imprisonment of either
description for a term not exceeding ten years, and shall also be liable to fine.
451. House-trespass in order to commit offence punishable with imprisonment:
Whoever commits house trespass in order to the committing of any offence punishable
with imprisonment, shall be punished with imprisonment of either description for a term
which may extend to two years, and shall also be liable to fine; and if the offence intended
to be committed is theft, the term of the imprisonment may be extended to seven years.
452. House-trespass after preparation for hurt, assault or wrongful restraint:
Whoever commits house-trespass having made preparation for causing hurt to any person
or for assaulting any person, or for wrongfully restraining any person, or for putting any
person in fear of hurt, or of assault, or of wrongful restraint, shall be punished with
imprisonment of either description for a term which may extend to seven years, and shall
also be liable to tine.
453. Punishment for lurking house-trespass or house-breaking: Whoever commits
lurking house-trespass or house-breaking, shall be punished with imprisonment of either
description for a term which may extend to two years, and shall also be liable to fine.
454. Lurking house trespass or house-breaking in order to commit offence
punishable with Imprisonment : Whoever commits lurking house-trespass or housebreaking, in order to the. committing of any offence punishable with imprisonment, shall be
punished with imprisonment of either description for a term which may extend to three
years, and shall also be liable to fine, and if the offence intended to be committed is theft,
the term of the imprisonment may be extended to ten years.
455. Lurking house-trespass or house-breaking after preparation for hurt, assault or
wrongful restraint: Whoever commits lurking house-trespass, or house-breaking, having
made preparation for causing hurt to any person, or for assaulting any person, or for
wrongfully restraining any person, or for putting any person in fear of hurt or of assault or
of wrongful restraint, shall be punished with imprisonment of either description for a term
which may extend to ten years, and shall also be liable to fine.
456. Punishment for lurking house-trespass or house-breaking by night: Whoever
commits lurking house-trespass by night or house-breaking by night, shall be punished
with imprisonment of either description for a term which may extend to three years, and
shall also be liable to fine.
457. Lurking house-trespass or house-breaking by night in order to Commit offence
punishable with imprisonment :Whoever commits lurking house-trespass by night, or
house-breaking by night, in order to the committing of any offence punishable with
imprisonment, shall be punished with imprisonment of either description for a term which
may extend to five years, and shall also be liable to fine; and, if the offence intended to be
committed is theft, the term of the imprisonment may be extended to fourteen years.

456. Lurking house-trespass or house-breaking by night after preparation for hurt,
assault or wrongful restraint: Whoever commits lurking house-trespass by night or
house-breaking by night, having made preparation for causing hurt to any person, or for
assaulting any person, or for wrongfully restraining any person, or for putting any person
in fear of hurt, or of assault, or of wrongful restraint, shall be punished with imprisonment
of either description for a term which may extend to fourteen years, and shall also be
liable to fine.
457. Lurking house-trespass or house-breaking by night in order to commit offence
punishable with imprisonment: Whoever commits lurking house-trespass by night, or
house-breaking by night, in order to the committing of any offence punishable with
imprisonment, shall be punished with imprisonment of either description for a term which
may extend to five years, and shall also be liable to fine; and, if the offence intended to be
committed is theft, the term of the imprisonment may be extended to fourteen years.
458. Lurking house-trespass or house-breaking by night after preparation for hurt,
assault or wrongful restraint: Whoever commits lurking house-trespass by night or
house-breaking by night, having made preparation for causing hurt to any person, or for
assaulting any person, or for wrongfully restraining any person, or for putting any person
in fear of hurt, or of assault, or of wrongful restraint, shall be punished with imprisonment
of either description for a term which may extend to fourteen years, and shall also be
liable to fine.
459. Hurt caused whilst committing lurking house trespass or house-breaking:
Whoever, whilst committing lurking house-trespass or house-breaking, causes hurt to any
person or attempts to commit oaf/ of, or hurt to, any person shall be punished with
imprisonment for life, or imprisonment of either description for a term which may extend to
ten years, and shall also be liable to the same punishment for committing qatl or causing
hurt or attempting to cause qatl or hurt as is specified in Chapter XVI of this Code.
460. Persons jointly concerned in lurking house-trespass or house-breaking by
night punishable for qatl or hurt caused by one of them : If, at the time of the
committing of lurking house-trespass by night or house-breaking by night, any person
guilty of such offence shall voluntarily cause or attempt to commit qatl of, or hurt to, any
person, every person jointly concerned in committing such lurking house-trespass by night
or house-breaking by night, shall be punished with imprisonment for life or with
imprisonment of either description for a term which may extend to ten years and shall also
be liable to the same punishment for committing qatl or causing hurt or attempting to
cause qatl or hurt as is specified in Chapter XVI of this Code].
Scs. 459 & 460 subs. by the Criminal Law (Amendment) Act, II of 1997
461. Dishonestly breaking open receptacle containing property : Whoever
dishonestly or with intent to commit mischief breaks open or unfastens and closed
receptacle which contains or which, he believes to contain property, shall be punished
with imprisonment or either description for a term which may extend to two years, or with
fine, or with both.

462. Punishment for same offence when committed by person entrusted with
custody: Whoever, being entrusted with any dosed receptacle which contains or which he
believes to contain property, without having authority to open the same, dishonestly, or
with intent to commit mischief, breaks open or unfastens that receptacle, shall be
punished with imprisonment of either description for a term which may extend to three-
years, or with fine, or with both.