Open Access Research Article
THE GROWING DIFFICULTY OF THEAFT AND SHOPLIFTING IN INDIA
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Article Details
THE
GROWING DIFFICULTY OF THEAFT AND SHOPLIFTING IN INDIA
AUTHORED BY - AARYAN SHARMA
5 BBA LLB A
2050401
DECEMBER ,2022
ABSTRACT
The
topis that I shall be dealing in is of Shoplifting and theft. The title is ‘THE
GROWING DIFFICULTY OF THEFT AND SHOPLIFTING IN INDIA’.
Theft
is the crime of stealing something that is not yours. Theft is defined under
Sec. 378 of the Indian Penal Code (IPC). Theft is when one person steals or
takes some movable property from the possession of that person without his or
her consent. Sec. 379 of the IPC gives the punishment for theft. If a person is
found guilty of theft, he or she shall be punished with imprisonment of either
description for a term which may extend to three years, or with fine, or with
both
INTRODUCTION
Theft
from an open retail facility is known as shoplifting, and it often involves
concealing a store item on one's person, in pockets, under clothing, or in a
bag before leaving the store without paying. Shoplifters may put on apparel and
leave the store wearing it after stealing other items. In most legal contexts,
the phrases "shoplifting" and "shoplifter" are not defined.
Larceny is the legal category under which shoplifting typically falls.
Shoplifting is separate from burglary (stealing from a closed business),
robbery (stealing while displaying violence or making threats), and armed
robbery (stealing by using a weapon). In the retail sector, the term
"shrinkage" (or "shrink") can be used to describe inventory
lost as a result of stealing, but it can also refer to other types of loss,
such as waste, uninsured product damage, and employee theft.
Shoplifters
can be amateurs who steal on the spur of the moment or career criminals who
steal frequently to supplement their income. Career criminals may engage a
group of people to shoplift; some may distract store employees while another
snatches merchandise. Amateurs frequently steal things for their own use,
whereas career criminals typically steal things to resell in the black market.
Other types of shoplifting include consuming food from a grocery store without
paying for it and switching the price labels on various things.
Items
with a high price relative to their size, such as disposable razor blades,
vitamins, alcoholic beverages, and cigarettes, are frequently shoplifted.
Stores
employ a variety of tactics to discourage shoplifting, such as locking up
small, pricey items in glass cases, chaining or otherwise fastening items to
clothing racks or shelves (especially expensive items), attaching magnetic or
radio sensors or dyepacks to items, installing curved mirrors mounted above
shelves or video cameras and video monitors, employing plainclothes "store
detectives" and security guards, and prohibiting the use of backpacks or
other bags. At the departure of some stores, security personnel examine
receipts and search customers' luggage and backpacks. By teaching staff how to
spot potential shoplifters, stores are able to curb stealing as well.
RESEARCH
PROBLEM
In
the present day there is a increase in number of malls and retail stores
established in cities. This has in one way helped providing employment
opportunities to many and it has also provided easy access of goods and
products to people but at the same time it is found the number of cases
reported for shoplifting is rapidly increasing. The issue is weather
shoplifting and theft can be considered as a crime of common paramount and
punishment implied to be same.
RESEARCH
OBJECTIVE
- To
know the diffrence between shoplifting and other kinds of theft.
- To
analyse and know the impact and causes of shoplifting in India.
- To
understand the role of Judiciary in tackling this offence.
RESEARCH
QUESTION
- Weather
the act of shoplifting amd theft can be considered as a similar offence?
- Weather
there are effective laws to curb the above offence ?
- What
are the causes for commission of the above offence?
RESEARCH
METHODOLOGY
This
paper has been encircled by the researcher using the doctrinal and
analytical method. Both descriptive and exploratory analysis have been used.The
primary source of research includes legislations, directions, case laws,
reports published by the parliamentary standing committee, draft policies and
rules. The secondary sources will include books, research articles, law
commission reports and websites.All the sources have been appropriately
recognised.
CAUSE
OF SHOPLIFTING
People
may shoplift from stores for a variety of reasons, the majority of which have
nothing to do with a lack of funds or a necessity for the object being taken.
An addiction to stealing and a mental illness that promotes the activity are
two frequently cited causes. People may, for instance, struggle to restrain
themselves from grabbing something if they have an impulsive problem. A brain
injury or other sort of brain damage is another reason why someone might not
understand or even be aware that taking something without paying for it is
wrong.
Psychological
Factors: Particularly when the accused has no visible need
to steal because they have the money to pay for it or are in a situation where
getting caught would result in negative publicity, it is believed that many
crimes have psychological underpinnings. The National Association for
Shoplifting Prevention claims that psychological problems are frequently to
blame for this behaviour.
While
it has been discovered that around a third of all shoplifters experience
melancholy, kleptomania is another mental illness that could be at play.
Thought to be fairly rare, genuine cases of kleptomania have been discovered to
be on the rise.
People
must satisfy specific requirements in order to receive a valid diagnosis of
kleptomania. They must have intense anxiety prior to the act, followed by
feelings of pleasure or relaxation. Additionally, they must be free of any
other disorders, such as conduct disorder, antisocial personality disorder, or
bipolar mania. They shouldn't be acting out of upset, rage, or the effects of a
delusion or hallucination. Last but not least, they must have failed to prevent
themselves from stealing.
Other
diffrent types of Shoplifters
- Addictive
Compulsive Shoplifters- An estimated 50% of shoplifters fit the
description of being addictive-compulsive. For the first time shoplifting,
there is frequently some sort of trigger, but after the initial rush, they
develop an addiction. The majority of people in this category experience
repressed rage, and some may also show symptoms of other compulsive
addictions including alcoholism, binge eating, excessive shopping, drug
usage, or gambling. They can be dealing with serious emotional stresses or
personal issues.
They can be receiving counselling or
taking depression medication.These people neglect their own needs and
frequently offer to others. These shoplifters frequently have enough money on
them at the time of their arrest and can typically afford the items they steal.
Typically, they will take cheap stuff and give them as gifts to other people.
It's possible that many or maybe most of the additional items they are carrying
have been purchased. If discovered, this type typically exhibits guilt, shame,
or regret. Frequently, when approached and caught, they would sob and cry. They
tend to conceal their shoplifting out of concern that someone else may learn
about it. Typically, they are more worried about the implications for
others—such as friends or family—than they are about their own actions. They
might offer to cover the cost of the stolen goods.
- Professional
Shoplifters- 20% of lost sales are attributable to
professional shoplifters, who sometimes steal several pricey or
"high-end" items at once. Most often, they steal out of greed or
as part of their way of life. They frequently have low-paying jobs because
shoplifting may be their sole source of income. In order to avoid dealing
with rumours about their lifestyle, they also frequently choose to remain
single. They can have a gambling or drug addiction. These shoplifters
occasionally operate as a "ring" or with accomplices.
Professional shoplifters may strive to elude capture or resist arrest if
they are caught. They might be carrying items like scissors, overcoats, or
expandable clothing that can be used to get by security measures. They
frequently maintain their composure or lack of emotion, showing no signs
of regret.
- Addict
Shoplifters- Even though they only make up 10% of
shoplifters overall, they frequently take pricey or "high-end"
things. However, their goal is to sell the products in order to fund
another addiction, such drug use or gambling. They resell the items to
raise cash for gambling, alcohol or drug purchases, debt repayment, or
other expenses.
They
might be in possession of drugs or drug paraphernalia while shoplifting if they
have a history of substance misuse. Or, while shoplifting, they may be carrying
evidence of a gambling addiction, such as lottery tickets, casino chips, or
betting slips. They could appear ill, irritable, messy, unkempt, or exhibit
signs of being "high" or "wired." Repeated shoplifting
arrests are likely to occur with this type of shoplifter. Because addiction can
affect perception and awareness of their surroundings, they aren't as careful
or as skilled as specialists. Due to their fear of being arrested or imprisoned
or because they are addicted, individuals are more likely to resist arrest or
try to leave the business.
4.
The Impoverished Shoplifter-
Shoplifters who are in need of money steal when
they actually need it or think they do. This group shoplifts to support
themselves, their family, or others out of survival instincts. They might have
recently experienced a loss or a life-altering event, like a significant move,
a divorce, a death, or a sickness. Additionally, they are frequently
underemployed, unemployed, or just fired. As a result, their hygiene or manners
may be lacking. These shoplifters frequently have kids in their gang. They
frequently steal "necessity products" like food, diapers, toiletries,
children's clothing, prescriptions, and other low-cost things. Most people who
shoplift experience fear or regret after doing so. As unemployment rates and
the health of the economy change, so does the proportion of shoplifters in this
category.
- The Thrill-Seeker- Shoplifters
who are in need of money steal when they actually need it or think they
do. This group shoplifts to support themselves, their family, or others
out of survival instincts. They might have recently experienced a loss or
a life-altering event, like a significant move, a divorce, a death, or a
sickness. Additionally, they are frequently underemployed, unemployed, or
just fired. As a result, their hygiene or manners may be lacking. These
shoplifters frequently have kids in their gang. They frequently steal
"necessity products" like food, diapers, toiletries, children's
clothing, prescriptions, and other low-cost things. Most people who
shoplift experience fear or regret after doing so. As unemployment rates
and the health of the economy change, so does the proportion of
shoplifters in this category.
6.
The Absent-Minded Shoplifter- Accidents
can occur occasionally. Since they are unaware that they are shoplifting, this
type of shoplifter is genuinely shocked when they are caught. Unfortunately,
the majority of retailers and judges are now dubious of any "genuine"
shoplifting accidents. Alzheimer's disease, seizures, panic disorders, or
simply the fast pace of life can all cause forgetfulness. These shoplifters
typically make little effort to hide their actions because they are uninformed
that they are stealing. They might not be carrying any further purchases or
items. If so, the majority or a sizable portion of the products they are
carrying have been purchased.
SHOPLIFTING
AND THEFT
In
India Shoplifting is considered as theft and all provisions and legislations of
theft shall apply. According to section 378 of Indian penal code, “Whoever,
intending to take dishonestly any movable property out of the possession of any
person without that person's consent, moves that property in order to such
taking, is said to commit theft.”
Ingredients
of Theft
1.
Dishonest intention to take
property: When facts indicate that the property was taken in order to assert a
legitimate claim or right, it is not theft. The burden of proof initially rests
with the prosecution to establish that the accused had acted dishonestly.
2.
The Property must be movable: A thing cannot be stolen as long as it is attached to
the earth and is not movable property; nevertheless, once it is removed from
the earth, it can be stolen.
3.
It should be taken out of
possession of another person:The property cannot be removed unless it is
already in someone else's ownership. There is theft of domesticated animals but
not of wild animals, birds, or fish when they are at large. A person discovers
an unclaimed ring laying on the high road. A, although he might commit criminal
misappropriation of property, is not committing stealing by taking it in commas.
- It should be taken without consent
of that person: The consent may be given either directly by the person in
possession or by any other person who has direct or indirect authority to
act on their behalf. It may also be implied.
5.
There must be some removal of the
properly in order to accomplish the taking of it.
How
to stop Shoplifting from your stores
- Keeping
the store in a systematic and Orderly manner:
Shoplifters enjoy playing in disorganised stores. It might be challenging
to spot missing products when inventory is disorganised and items are left
in the incorrect locations. For instance, keeping things consistently
moved forward on shelves makes it simpler for personnel to spot missing
quantities of commodities and more challenging for criminals to steal
items covertly from fully stocked shelves. To be able to see how much
stock is out at any given time, avoid overloading display shelves or units
with merchandise.
Be aware of common Shoplifting tactics: Shoplifters are always thinking of new, sneaky ways to commit theft. You can stay vigilant in your own store by being aware of the tricks and actions that shoplifters most frequently use:
Pairing:
When two people work together, one person distracts
the sales floor employees while the other steals the items. This is one of the
oldest tactics in the book.
Hidden
Products: Shoplifters frequently conceal their stolen
goods in their own clothing, other things they have already bought, handbags,
strollers, reusable shopping bags, and even their shoes.
Price
switching: Shoplifting is not usually the theft of goods for
which no money has been exchanged. In order to receive a lower price for a more
expensive item, thieves frequently switch the price tags or labels from one
product to another.
3.
Optimizing the Store:
There are a number of approaches to optimise store layouts in order to reduce
the likelihood of retail theft. Each store has its own views about how to
display products and design their floor plan. Customer checkouts are frequently
located close to the door or exit in the most typical design so that all
patrons will pass it as they leave. This increases the staff's ability to catch
shoplifters before they leave the establishment and acts as a deterrent if the
thieves are aware that they still have one obstacle to overcome before leaving.
4.
Having tight security system using
Security cameras: A security camera system serves three
functions: it deters shoplifters; it enables personnel to monitor the entire
business and customers who could be acting suspiciously; and, if shoplifters do
steal, it will be possible to identify them and prosecute them thanks to the
evidence left behind.
In
some circumstances, installing security cameras may also result in lower
insurance costs.
5.
Add mirrors to your store: In
both large and small establishments, mirrors are excellent tools for reducing
blind spots and improving visibility of both customers and goods. You may get
anti-theft mirrors for your store in a variety of sizes, shapes, and visibility
angles. Additionally, they are an affordable technique of shoplifter deterrence
for retailers on a tight budget.
6.
Use customer service as
prevention: By utilising your customer service
procedures, you may prevent stealing in one of the simplest and most affordable
ways possible. In the fight against shoplifters, the following suggestions can
help you apply retail management and service techniques:
Welcome
each customer: Nowadays, it's standard procedure to
station a staff person at the door of the business to greet every customer.
This not only creates a positive client experience, but it also communicates to
shoplifters that they have been noticed.
Keep
sufficient staffing levels: As we previously discussed, one
typical stealing strategy involves working in tandem and annoying sales floor
personnel. Thieves will be less likely to steal if the sales floor is crowded
enough.
7.
Use signage to deter thieves: Retail
establishments frequently utilise signage to draw additional attention of
thieves to the store's anti-theft methods. These signs typically let customers
know whether the store is a member of a neighbourhood anti-theft organisation,
that cameras have been installed, and that shoplifters can anticipate legal
action. Again, using signage is a cheap approach to let thieves know you are on
the lookout for them and that they will be punished for theft.
Train your employees: All employees should be aware of common anti-theft procedures, such as the size of bags permitted in your establishment, as well as scams like price flipping and false returns.
But
in addition to knowing how shoplifters get away with stealing, your staff need
also know how to deal with them once they are inside the store.
This
should include learning how to use a "code" or announcement to notify
management and other staff members of prospective shoplifters, knowing when to
approach and when to avoid approaching suspected shoplifters, and knowing when
to call the police and security guards.
9.
Identify at-risk items: The
typical shoplifter will target little, easily swipeable goods that are simple
to conceal rather than pricey jewellery or huge devices. Work out a strategy to
secure your most expensive inventory using inventory management systems. It may
be necessary to store things in lockable cabinets, next to the counter, or in a
busy part of the store that is constantly manned by staff members.
CONCLUSION
So
in the end we can conclude that shoplifting is very common, shoplifting happens
for many different reasons and it affects everyone. From shoplifting being an
addiction to shoplifting raising the prices of product, it is a very
interesting subject that everyone should have some knowledge about so that way
if they see it happening they can do something to help.
Article Information
THE GROWING DIFFICULTY OF THEAFT AND SHOPLIFTING IN INDIA
Authors: AARYAN SHARMA
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/04/26
- Volume 2
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
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