Indian Penal Code, 1860
Section 378
repealedTheft
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.
Why this exists
This section lays the foundation for all theft-related offences in the Code. It exists to protect a person's right to keep and control their own movable belongings, and to punish the dishonest taking of such property even for a short time. The drafters made clear that even a small, momentary movement of an item, done dishonestly and without consent, is enough to complete the offence; the thief does not need to actually get away with the item. This definition was carried forward with similar wording into the Bharatiya Nyaya Sanhita, 2023, which replaced the Indian Penal Code in 2024.
How courts read it
In K.N. Mehra v. State of Rajasthan (1957), the Supreme Court held that even taking property with the intention to return it later can amount to theft if the taking was dishonest and without the owner's consent, because temporary deprivation causing wrongful loss is enough to satisfy dishonest intention under the theft definition.
Common misconceptions
- Myth: Theft only happens if the thief successfully escapes with the item.
Fact: The offence is complete the moment the property is dishonestly moved, even slightly, with intent to take it, regardless of whether the thief actually gets away with it.