NRISINGHA MURARI CHAKRABORTY & ORS versus STATE OF WEST BENGAL

NRISINGHA MURARI CHAKRABORTY & ORS versus STATE OF WEST BENGAL

A passport is a tangible thing and is capable of ownership. It is property of the State so long as it is with the issuing authority and, after issue, becomes the property of the person to whom it is granted. Therefore, a passport is 'property' within the meaning of sections 415 and 420 of the Indian Penal Code.

Parties
Appellant: Nrjsingha Murari Chakraborty; Respondent: State of West Bengal
Jurisdiction
India
Judgment Date
12 April 1977
Procedural Posture
Criminal Appeal / Supreme Court Decision on Special Leave
Outcome
Appeal dismissed
Legal Topics
Cheating, Property Under Indian Penal Code, Definition of Property, Passports as Property
Criminal Law Cheating Property Under Indian Penal Code Definition of Property Passports as Property

Case Brief

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Parties

Nrjsingha Murari Chakraborty

Appellant

State of West Bengal

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Decision on Special Leave

Legal Issues

  1. 1 Whether passport is 'property' within the meaning of sections 415 and 420 of the Indian Penal Code

Ratio Decidendi

A passport is a tangible thing and is capable of ownership. It is property of the State so long as it is with the issuing authority and, after issue, becomes the property of the person to whom it is granted. Therefore, a passport is 'property' within the meaning of sections 415 and 420 of the Indian Penal Code.

Court Disposition

Appeal dismissed

Orders

  • Appellants on bail shall surrender to serve out the remaining sentence.