Human Body As A Subject Of Theft

Chhavi Jain, Renaissance Law College (Affiliated to DAVV, Indore)

ABSTRACT

Human body as a subject of theft is a topic which has not been thrown a very much light on. Not very comprehensive material is available on it. But deep down in this topic there are very small nuances which needs to be covered. There are so many questionable things to be gone through. Theft is a very wide and exhaustive topic. Giving a comprehensive reading and having depth knowledge of theft needs to be mastered. This topic covers wide variety of questions. The first and foremost paramount question is whether human body is a subject of theft or not? This involves comprehensive study of definition of theft under Section 378 of Indian Penal Code, ingredients of theft, Definition of Property and relevant case laws. While going through this, Another, question is on a rise that, Whether, a dead body is a property or person? Going forward with study of theft on dead bodies, rights provided to dead bodies under Article 21 of Constitution of India and other laws, and certain other offences involving that. Also, an interconnection with Section 404 of Indian Penal Code elucidating Criminal misappropriation of property, and Section 297 of Indian Penal Code elucidating Trespass on burial grounds. Going through offences involving Section 404 & Section 297 of Indian Penal Code on dead bodies, its relevant materials to be considered and important case laws. Lastly, concluding this paper with what has been discovered through the deep analyzing of these topics and comprehensive, exhaustive and critical view on every question raised. Going thoroughly to each topic all significant questions raised have been answered with clarity.

Keywords: Theft, Offence, Property, Dead body, Indian Penal Code.