BACK TO SECTIONSAIR 1963 SC 1094
BailableCognizable: CognizableAny Magistrate
THE STATUTE
Original Text
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.
Simplified
Section 378 defines theft with five essential elements: (1) dishonest intention to take; (2) movable property only (land cannot be stolen); (3) out of another person's possession (not necessarily their ownership); (4) without that person's consent; (5) movement of the property. The possession element is critical — theft protects possession, not ownership. A person who owns a watch left for repair can steal it from the repairer. The movement requirement means even the slightest displacement with dishonest intent constitutes theft.
Landmark Precedents
Pyare Lal Bhargava v. State of Rajasthan (1963)
RELEVANCE
A person who takes property under a genuine claim of right may not be guilty under Section 378 even if the claim proves legally wrong — dishonest intent is the essential element.
Practical Scenarios
"Slipping a wallet from someone's pocket in a crowded market."
"Shoplifting by concealing goods in a bag before leaving the store."
Common Queries
Yes — theft protects POSSESSION, not ownership. If your property is in another's lawful possession and you take it without their consent, you have committed theft.
No — theft applies only to 'movable property.' Land cannot be stolen; the appropriate offence is criminal trespass.