Legal Provisions of Section 379 of Indian Penal Code, 1860.
Punishment of theft:
This section prescribes punishment for the offence of theft. It states that whoever commits theft shall be punished with simple or rigorous imprisonment for a term extending up to three years, or with fine, or with both. The amount of fine, if imposed, should be commensurate with the value of the article stolen. A fine of five hundred rupees to an accused who had abetted theft of coal worth eight rupees was held to be too irrational and the case was sent back to the lower court to be disposed of under the probation law.
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ADVERTISEMENTS:
Similarly, release on probation of good conduct could be ordered where the accused is in his teens and a considerable period has already passed since the crime was committed and there was no other blot on the character of the accused. Theft of railway property has generally been taken as a serious offence requiring deterrent punishment.
The Supreme Court has held that right to appeal to the Supreme Court lies as of right where the High Court reverses an acquittal order by the lower court and convicts an accused of theft. Cutting of trees on State Government land amounts to theft.
The offence under section 379 is cognizable, non-bailable and compoundable when the value of the property does not exceed two hundred and fifty rupees and when permitted by the court trying the case, and is triable by any magistrate.
