BSA : UNIT 2 : RELEVANCY OF FACTS

  Que: What do you mean by relevant fact?, What is the difference between Relevant fact and Fact in Issue? List the major sections that deals with relevancy of facts and so on.. Introduction A s an advocate, while arguing in a matter in front of court, it is important to argue or give evidence for the matter which is relevant to the fact is issue. Such relevant facts must be legally relevant and not logically relevant. This means that whatever evidences we are giving to the court must fall under any of the provision mentioned in Bhartiya Sakshya Adhiyam 2023. Chapter II of Bhartiya Sakshya Adhiyam from section 3 to 50 deals with relevancy of facts. Thus, for our arguments to made admissible in the court of law, such argument should comply with any one or more sections from 3 to 50. This is because section 3 of Bhartiya Sakshya Adhiniyam clearly mentions that evidence can be given for fact in issue and relevant fact only.  There is no major change in the new evidence law that...
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BNS : CHAPTER XVII : OF OFFENCES AGAINST PROPERTY

 Que: What all topics are covered under Chapter XVII of BNS/Define snatching, theft and types of theft, extortion, robbery, dacoity etc.

   Ans: 

Introduction

  • Chapter XVII of Bhartiya Nyaya Sanhita 2023 deals with offences related to property.
  • Property including money, means of transport (like bike, car etc), and so on forms an important part of human life as we are dependent on such properties for our day to day work. Therefore protection of such property becomes an important subject. 
  • The updated provision with regards to things which falls under the category of property in the new criminal law that is Bhartiya Nyaya Sanhita 2023 with respect to the old criminal law that is Indian Penal Code1860 is that it includes idols from place of worship which was not mentioned in the old criminal law. This means that as of today if anyone steal any idol or so from any place of worship then they will be prosecuted under section 305 of Bhartiya Nyaya Sanhita 2023.
  • Offences against property is covered from section 303(theft) to section 334(dishonest breaking open receptacle containing property).
  • There are many acts which can result in offences against property including theft, Snatching, Extortion(blackmail),  robbery, dacoity etc. 
  • All these criminal acts along with the punishment for the same is mentioned in Chapter XVII of Bhartiya Nyaya Sanhita 2023.

Theft/snatching and legal provisions related to Theft

  • Theft is defined in section 303 of Bhartiya Nyaya Sanhita 2023.
  • Theft means dishonestly taking away any movable property out of the possession of its owner without his/her consent.
  • Thus, the following are the essential elements related to theft -
  1. The act should be done dishonestly
  2. Only movable property can fall under the category of theft
  3. The possession of the property is taken away from the owner without his/her consent
  • Punishment(s) for theft-
  1. Case/situation 1: In general situation :- Imprisonment upto 3 years or fine or both.
  2. Case/situation 2: If the same person is again convicted under the same section of theft then :- Rigorous Imprisonment for not less than 1 year or upto 5 years with fine.
  3. Case/situation 3: If the value of stolen property is less than 5 thousand and the offence is committed by the accused for the 1st time and he returns the value of the amount back to the owner then :- No imprisonment only Community Service.
  • There is a separate section for theft taken place in house or means of transportation or place of worship etc. The section is section 305. The punishment of theft in house, means of transportation or place of worship is imprisonment upto 7 years and shall also be liable to fine.
  • If a theft is committed by a clerk or servant of the property in possession of his master then as per section 306 the punishment will be imprisonment upto 7 years and shall also be liable to fine.

  •  Snatching is defined in section 304 of Bhartiya Nyaya Sanhita 2023.
  • In the previous criminal law, that is Indian Penal code, there was no separate section for snatching as it was considered the same as theft. But now in new criminal law that is, Bhartiya Nyaya Sanhita there is a separate section for snatching.
  • The following are the essential elements related to snatching -
  1. It should be done on movable property.
  2. while committing theft if the offender swiftly or quickly seizes or grabs or takes away the property from any person then it amounts to snatching.
  • Punishment(s) for snatching is imprisonment upto 3 years and shall also be liable to fine.

Extortion
  • Extortion is defined in section 308 of Bhartiya Nyaya Sanhita, 2023.
  • Extortion is an another name for Blackmail.
  • The following are the essentials/elements for a crime to be recognized as extortion-
  1. The accused must intentionally put any person or any other person connect to such person in fear of hurt, death etc.
  2. The act must be done dishonestly.
  3. The victim must be in fear of injury in terms of physical, mental, reputational or property/document.
  4. The act must be done so that the victim must deliver his property or valuable security to the offender.
  • Punishment(s) for Extortion as per section 308 of Bhartiya Nyaya Sanhita, 2023-
  1. Case/situation 1: In general sense : Imprisonment upto 7 years or fine or both.
  2. Case/situation 2: Whoever in order to committing extortion puts any person in fear of any injury : Imprisonment upto 2 year or fine or both.
  3. Case/situation 3: Whoever in order to committing extortion puts any person in fear of death or grievous hurt : imprisonment upto 10 years and shall also be liable to fine.
  4. Case/situation 4: Whoever in order to committing extortion, puts any person in fear of accusation : death or imprisonment for life or imprisonment upto 10 years.

Robbery and Dacoity
  • Robbery and Dacoity is defined in section 309 and 310 respectively.

  • Theft and Extortion can be two parts of Robbery.
  • Case 1: When theft becomes robbery : At the time/attempt of committing theft, the offender voluntarily causes/attempts or put in fear of death or hurt into the victim.
  • Case 2: When Extortion becomes robbery : while committing extortion the offender is in presence of the victim and there is a fear of instant death or injury in the mind of victim.
  • Punishment for Robbery :-
  1. Case/situation 1: In general sense : Rigorous imprisonment upto 10 years and shall also be liable to fine.
  2. Case/situation 2 : Whoever committed robbery on highway and between sunset and sunrise (in night) : Imprisonment upto 14 years.
  3. Case/situation 3 : Whoever attempts to commit robbery : Rigorous imprisonment upto 7 years and shall also be liable to fine.
  • Robbery can  become dacoity under the following circumstances:-
  1. Minimum 5 or more individuals must be committing robbery.
  2. Such no of persons/individuals must be working jointly.
  3. Even if any person is present with the gang and helps by aiding the gang in commission of the crime falls under the category of dacoity.
  • Punishment for Dacoity:-
  1. Case/situation 1: in general : Rigorous imprisonment upto 10 years and shall also be liable to fine.
  2. Case/situation 2: if while committing dacoity any individual commits murder or hurt to any person then : death, imprisonment for life or rigorous imprisonment upto 10 years.

Criminal Misappropriation of Property
  • As per section 314 of Bhartiya Nyaya Sanhita, fulfillment of the following conditions/elements results to misappropriation of property-
  1. The offender must use other's property in his own use
  2. he must do it dishonestly
  3. The person will be convicted under the section even if he misappropriates the property for a very short period of time.
  • Punishment(s) for criminal misappropriation of Property:-
  1. Case/situation 1: in general : imprisonment of minimum 6 months or upto 2 years with fine.
  2. Case/Situation 2: if misappropriation of property is done by a clerk/employee : imprisonment upto 7 years and shall also be liable to fine.
  3. Case/Situation 3: if misappropriation of property of a deceased(dead) person is done: imprisonment upto 3 years and shall also be liable to fine. 

Criminal Breach of Trust

  • Criminal breach of trust is defined in section 316 of BNS 2023.
  • The following essential elements must be there for a crime to be recognized as Criminal Breach of trust:-
  1. The offender must have been entrusted with the property or had any dominion over the property.
  2. The act must be done dishonestly and misappropriately for his own use.
  3. The possession of the property must have been with the offender.
  • Punishment for Criminal Breach of Trust-
  1. Case/Situation 1: In general : imprisonment for 5 years or fine or both.
  2. Case/Situation 2: If the offender was a clerk or servant : upto 7 years of imprisonment with fine.

Stolen Property
  • Stolen Property is defined in section 317 of Bhartiya Nyaya Sanhita 2023.
  • Meaning- Property who's possession has been transferred by theft or extortion or robbery or cheating or by the way of criminal breach of trust is considered as a stolen property.
  • Punishment(s):-
  1. Case/situation 1: Whoever dishonestly receives or retain any stolen property knowing that it is a stolen property : Imprisonment upto 3 years or fine or both.
  2. Case/situation 2: Whoever dishonestly receives or retain any stolen property knowing that such property has been obtained by the way of dacoity :- Imprisonment for life or Rigorous Imprisonment upto 10 years and shall also be liable to fine.
  3. Case/situation 3: Whoever helps/assist in hiding or making away with property which he knows is to be stolen. : Imprisonment upto 3 years or fine or both.

Cheating, Cheating by personation
  • Cheating is defined in Section 318 of Bhartiya Nyaya Sanhita 2023.
  • Cheating means if any person is fraudulently or dishonestly deceived and such deception has caused any act of omission or has done something which the victim was not intended to do causing him damage.
  • Cheating by personation means that the offender pretends to be someone else and makes a deception which causes the victim to omit an act or to do an act which he was not intended to do, causing him damage.
  • The punishment for cheating is imprisonment for upto 3 years and the punishment for cheating by personation is imprisonment upto 5 years or fine or both.
Mischief
  • Mischief is defined under section 324 of Bhartiya Nyaya Sanhita 2023.
  • If someone knowingly or intentionally causes wrongful loss or damage to any property of any person either by destroying it or making any changes in the property which reduces its value or usability amounts to Mischief.
  • It is important to note that Mischief can be committed on self property as well. For example : A person can burn his/her own house to claim insurance amount.
  • Punishment(s) for mischief:-
  1. Case/situation 1: Mischief to any property including govt property or local authority : imprisonment upto 1 year or fine or both.
  2. Damage as a result of mischief of amount ranging from Rs. 20,000 but less than 1 lakh : imprisonment upto 2 years or fine or with both.
  3. Damage as a result of mischief of amount of 1 lakh or more : imprisonment upto 5 years or fine or both.
Criminal Trespass, House Trespass
  • As per section 329 of Bhartiya Nyaya Sanhita 2023, for an offence to be recognized as a criminal or house tress pass, one must enter into another's property with the intention to commit an offence or insult or intimidation or annoy someone.
  • Even if a person lawfully enters another's property but with the intention or purpose of doing unlawful work amounts to criminal trespass.
  • Punishment for Criminal trespass is imprisonment upto 3 months or fine upto 5,000 Rs.
  • Punishment for House Trespass is imprisonment upto 1 years or fine upto 5,000 Rs.

Conclusion
  • Learning the sections of offences dealing with property is of huge importance as we are dependent on such properties for our day to day work.
  • The new criminal law that is Bhartiya Nyaya Sanhita 2023 has brought new additions in crime including theft of idols, Snatching as a separate crime from theft and many more which is at par with the new crimes evolving in the society.

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