Page 25 - Insurance Times December 2019

Section 402 in the Indian Penal code: Assembling for of trust clerk or servant. Whoever, being a clerk or servant
purpose of committing Dacoity. Whoever, at any time after or employed as a clerk or servant, and being in any manner
the passing of this Act, shall be one of five or more persons entrusted in such capacity with property, or with any
assembled for the purpose of committing Dacoity, shall be dominion over property, commits criminal breach of trust
punished with rigorous imprisonment for a term which may in respect of that property, shall be punished with
extend to seven years, and shall also be liable to fine. imprisonment of either description for a term which may
extend to seven years, and shall also be liable to fine.
Section 403 in the Indian Penal code: Criminalmis
appropriation of property. Whoever dishonestly Section 449 in the Indian Penal Code: House-trespass in
misappropriates or converts to his own use any movable order to commit offence punishable with death. Whoever
property, shall be punished with imprisonment which may commits house-trespass in order to the committing of any
extend to 2 years or with fine or both.
offence punishable with death, shall be punished with 1
[imprisonment for life], or with rigorous imprisonment for a
404 Section in the Indian Penal Code: Dishonest
misappropriation of property possessed by deceased term not exceeding ten years, and shall also be liable to fine.
person at the time of his death. Whoever dishonestly
misappropriates or converts to his own use property, Section 450 in the Indian Penal Code: House-trespass in
order to commit offence punishable with imprisonment for
knowing that such property was in the possession of a
deceased person at the time of that person's decease, and life. Whoever commits house-trespass in order to the
has not since been in the possession of any person legally committing of any offence punishable with 1
entitled to such possession, shall be punished with [imprisonment for life], shall be punished with
imprisonment of either description for a term which may imprisonment of either description for a term not
exceeding ten years, and shall also be liable to fine.
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 Section 451 in the Indian Penal Code: House-trespass in
may extend to seven years. order to commit offence punishable with imprisonment.
Whoever commits house-trespass in order to the
Section 405 in the Indian Penal Code: Criminal breach of committing of any offence punishable with imprisonment,
trust. Whoever, being in any manner entrusted with shall be punished with imprisonment of either description
property, or with any dominion over property, dishonestly for a term which may extend to two years, and shall also
misappropriates or converts to his own use that property, be liable to fine; and if the offence intended to be
or dishonestly uses or disposes of that property in violation committed is theft, the term of the imprisonment may be
of any direction of law prescribing the mode in which such extended to seven years.
trust is to be discharged, or of any legal contract, express
or implied, which he has made touching the discharge of Shoplifting
such trust, or wilfully suffers any other person so to do,
The essential elements of shoplifting are:
commits "criminal breach of trust".
Y Wilfully taking possession of or concealing unpurchased
goods that are offered for sale.
Section 406 in the Indian Penal Code: Punishment for
criminal breach of trust. Whoever commits criminal breach Y With intention of converting the merchandise goods to
of trust shall be punished with imprisonment of either the taker's personal use without paying the purchase
description for a term which may extend to three years, or price.
with fine, or with both. Y Possession or concealment of goods typically
encompasses actions both on and outside the
Section 407 in the Indian penal code: Criminal breach of premises.
trust by carrier. Whoever, being entrusted with property as
Y The action of stealing goods from a shop, whilst
a carrier, wharfinger or warehouse-keeper, commits
criminal breach of trust in respect of such property, shall pretending to be a legally entered customer into ashop.
be punished with imprisonment of either description for a Y Theft of merchandises from a shopping establishment
term which may extend to seven years, and shall also be or business establishment.
liable to fine.
Although, the crime of shoplifting may be prosecuted under
Section 408 in the Indian Penal Code: by Criminal breach general Larceny statutes, most jurisdictions have

The Insurance Times, December 2019 25