What is the difference between Theft, and criminal misappropriation of property?

 

What is the difference between Theft, and criminal misappropriation of property?

BY SWATEE SHUKLA

In theft, the property is moved without the consent or knowledge of the owner whereas, in criminal misappropriation, the offence is said to be committed when the property is converted or misappropriated with a dishonest intention for the offender’s own use. 

There are some necessary ingredients to constitute the offense of theft. There should be a dishonest intention to take property and the property must be movable to constitute an act as theft. Other necessary ingredients are the property should be moved to be taken out of the possession of the persons who possess it and such property should be taken without the consent of the person who possesses it. 

The intention is an important criterion to constitute any crime. Criminal liability can’t be established without guilty intention is known as mens rea. In case of theft dishonest intention to take property is necessary.

Another necessary ingredient is that the property in question should be movable. Movable property is anything that can be moved as opposed to immovable property. Immovable property includes everything that is attached to the ground. Like trees, houses, crops, etc. 

What needs to be understood is that for theft; ownership is immaterial. What matters is who possesses the property. For example, let’s suppose you have given your book to be bound at a nearby shop. You went to the shop and stealthily put the book in your book, without paying him, here you are liable for the theft because even though you are the owner, the book was in possession of the shopkeeper. 

The movable property should not only be removed with dishonest intention but should also be taken without the consent of the person who possesses the property. 

Criminal misappropriation of the property- criminal misappropriation or conversion of property is an offence very similar to the offence of theft but the essential ingredients are different here. To constitute an offence of criminal misappropriation, similar to the theft dishonest intention and movable property is necessary and in addition of these two misappropriations or conversion to one’s use property which does not belong to oneself. Misappropriation is the act of stealing something for one’s personal gain. The term misappropriation refers to the stealing of something ( like money) that was not meant for the thief, but which he used for his own personal gain. Misappropriation is a type of white-collar crime. The requirements of dishonest intention and movable property are the same for both theft and criminal misappropriation of property. 

For example, let’s suppose you find a cricket ball on the road by your friend’s house. You ask your friend if it belongs to him and he says no, on discovering that it does not belong to him; you keep it with you until the owner could come and claim the ball. The owner later comes that his ball is with you and wants to know if you not having returned the ball is guilty of criminal misappropriation. Here, you are not guilty of criminal because you did not use the ball yourself or stake a claim over it. You merely kept the ball for safe-keeping until the real owner could be found.