Response

The sections applicable for car theft will be Section 378 and Section 403 of the Indian Penal Code.

Section 378 defines theft and gives essentials, which when met an offence committed will be considered as that of theft.
These essentials are that there must be a removal of property; this subject matter or the property must be a movable property; this removal of property must be done with a dishonest intention and without the consent of the owner or the person who was in possession of the property at the time. It is also essential that the intention of the accused was to cause wrongful gain to one person and wrongful loss to another.

Provision for the punishment of theft is given under Section 379 of IPC explains that whoever commits theft shall be punished with imprisonment for a term up to 3 years which may also include a fine. It is a cognizable and a non-bailable offence.

Car theft can also be considered as Misappropriation of Property under the ambit of Section 403 of the Indian Penal Code.

The essentials for the application of Section 403 are that the offence must be relating to some property, and this must be a movable property. There must be a misappropriation of property or conversion of property to oneÕs own use and such misappropriation or conversion must be done with dishonest intent.

Reference: The laws that can be referred to in this case are Sections 378 and Section 403 of the Indian Penal Code. – 202100486-20210021-2894

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