(5) theft Legal Provisions Regarding “Robbery” – Section 390 of IPC - IdmcrackfreedownloadInfo

(5) theft Legal Provisions Regarding “Robbery” – Section 390 of IPC


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Robbery : Offences against Property (Section 390 of the Indian Penal Code 1860)

            Section 390 of the Indian Penal Code, 1860 defines Robbery. Robbery means to deprive a person of his or her property.  Section 392 of the Indian Penal Code prescribes the punishment for robbery which may be ten years of rigorous imprisonment for a term which may extend to ten years and also fine. 

1) Robbery  (Section

390, I.P.C. ) – 

According to Section

390 in all robbery there is either theft or extortion . (See…. difference between Theft and Extortion )

  When theft is robbery – 
         
             Theft is “robbery” if, in order to the committing of the theft, or in committing the theft, or in carrying away or attempting to carry away property obtained by the theft, the offender, for that end, voluntarily causes or attempts to cause to any person death or hurt or wrongful restraint , or fear of instant death or of instant hurt, or of instant wrongful restraint.

  When extortion is robbery – 

     Extortion is “robbery” if the offender, at the time of committing the extortion, is in the presence of the person put in fear, and commits the extortion by putting that person in fear of instant death, of instant hurt, or of instant wrongful restraint to that person or to some other person, and, by so putting in fear, induces the person, so put in fear then and there to deliver up the thing extorted.

    Explanation –
  
          The offender is said to be present if he is sufficiently near to put the other person in fear of instant death, of instant hurt, or of instant wrongful restraint.

   Illustrations :

         (a) A holds Z down, and fraudulently takes Z’s money and jewels from Z’s clothes, without Z’s consent. Here A has committed theft, and, in order to the committing of that theft, has voluntarily caused wrongful restraint to Z. A has therefore committed robbery.

         (b) A meets Z on the high road, shows a pistol, and demands Z’s purse. Z, in consequence, surrenders his purse. Here A has extorted the purse from Z by putting him in fear of instant hurt, and being at the time of committing the extortion in his presence. A has therefore committed robbery.

        (c) A meets Z and Z’s child on the high road. A takes the child, and threatens to filing it down a precipice, unless Z delivers his purse. Z, in consequence, delivers his purse. Here A has extorted the purse from Z, by causing Z to be in fear of instant hurt to the child who is there present. A has therefore committed robbery on Z.

       (d) A obtains property from Z by saying -“Your child is in the hands of my gang, and will be put to death unless you send us ten thousand rupees”. This is extortion, and punishable as such: but it is not robbery, unless Z is put in fear of the instant death of his child.

        In all Robbery there either theft or extortion.  The essence of the offence of robbery is that the offender, for committing theft or for carrying away or attempting to carry away the looted property, voluntarily causes or attempts to cause death or hurt or wrongful restraint .

2) Punishment for robbery : 

    Section 392 of the Indian Penal Code prescribes Punishment for robbery, it says that, Whoever commits robbery shall be punished
with rigorous imprisonment for a term which may extend to ten years,
and shall also be liable to fine; and, if the robbery be committed on
the highway between sunset and sunrise, the imprisonment may be extended
to fourteen years.
 
   The offence under this Section is cognizable, non-bailable, non-compoundable and triable by Magistrate of First class.

 4) Attempt to commit robbery : 

            Section 393 of the Indian Penal Code Prescribe punishment for attempt to commit robbery. It says that, whoever attempts to commit robbery
shall be punished with rigorous imprisonment for a term which may extend
to seven years, and shall also be liable to fine.
 

      The offence under this Section 393 is cognizable, non-bailable, non-compoundable and triable by Magistrate of First class.

 5) Voluntarily causing hurt in committing robbery : 

       According to Section 394 of the Indian Penal Code, If any person, in
committing or in attempting to commit robbery voluntarily causes hurt
such person, and any other person jointly concerned in committing or
attempting to commit such robbery, shall be punished with imprisonment for life or with rigorous imprisonment for a term which
may extend to ten years, and shall also be liable to fine.

Ingredients :

     1)  The accused committed or attempted to commit robbery;

     2) Hurt was caused to the victims voluntarily while committing or attempting to commit robbery.

     3)  The accused was jointly concerned with any other person in committing or attempting to commit robbery.

     The offence under Section 394 of the Indian Penal Code is cognizable, non-bailable, non-compoundable and triable by Magistrate of First class.

See also  

1) Distinction / Difference between wrongful Restraint and Wrongful Confinement

2) Wrongful confinement : Offences affecting the Human Body (Indian Penal Code, 1860)

3) Offences Relating to Weights and Measures (Indian Penal Code,1860)

4)  Defamation under the Indian Penal Code

5) Punishments under the Indian Penal Code,1860





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03

Feb

Robbery v. Dacoity

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Posted in: Criminal Law , Law Made Easy

Robbery and Dacoity- These two might seem similar in common usage but, they are two distinct crimes under the Criminal Law. Now what is the actual definition of Robbery and Dacoity in terms of law? What are the criteria for a criminal act to become a robbery or a dacoity? What are the differences between robbery and dacoity? What are the punishments prescribed under the Indian Penal Code for these crimes? These questions may strike your mind when you read the title. This blog is an attempt to cover these questions as accurately as possible.

Explanation of the term Robbery and Dacoity:

Section 390 of Indian Penal Code, 1860 defines Robbery as –

In all robbery there is either theft or extortion.

When theft is robbery: Theft is “robbery” if, in order to the committing of the theft, or in committing the theft, or in carrying away or attempting to carry away property obtained by the theft, the offender, for that end, voluntarily causes or attempts to cause to any person death or hurt or wrongful restraint, or fear of instant death or of instant hurt, or of instant wrongful restraint.

When extortion is robbery: Extortion is “robbery” if the offender, at the time of committing the extortion, is in the presence of the person put in fear, and commits the extortion by putting that person in fear of instant death, of instant hurt, or of instant wrongful restraint to that person or to some other person, and, by so putting in fear, induces the person so put in fear then and there to deliver up the thing extorted.

Section 391 of Indian Penal Code, 1860 explains Dacoity as-

When five or more persons conjointly commit or attempt to commit a robbery, or where the whole number of persons conjointly committing or attempting to commit a robbery and persons present and aiding such commission or attempt, amount to five or more, every person so committing, attempting or aiding, is said to commit “dacoity.”

Essential ingredients of the offence of Robbery are as follows:

i) Committed theft as defined in Section 378

ii) Offender caused or attempted to cause to some persons:
a. fear of death, or hurt or wrongful restraint,
b. fear of instant death, or of instant hurt or of instant wrongful restrain

iii) Offender did such act either
a. in order to the committing of the theft
b. while committing the theft
c. in carrying away or attempting to carry away the property.

Essential ingredients of the offence of Dacoity are as follows:

1) The accused commit or attempt to commit robbery ;
2) Persons committing or attempting to commit robbery and persons present and aiding must not be less than five ;
3) All such persons should act conjointly.

Note: The word ‘conjointly’ refers to united or concerted action of five or more persons participating in the act of committing the offence. In other words, five or more persons should be concerned in the commission of the offence and they should commit or attempt to commit robbery. 

What are the other segments of Dacoity and Robbery under IPC?

1. Voluntarily causing hurt in committing robbery. Section 394

2. Making preparation to commit dacoity. Section 399

3. Dacoity with murder. Section 396

4. Robbery, or dacoity, with attempt to cause death or grievous hurt. Section 397

5. Attempt to commit robbery or dacoity when armed with deadly weapon. Section 398

What are the peculiar differences between the two?

Robbery

1. Robbery includes either theft or extortion.

2. No minimum number of participants is prescribed in Robbery. Robbery may be committed by one person to four persons.

3. Robbery is lesser offence than dacoity.

4. In robbery, the real wrong-doer is only punished.

5. The offender of robbery should be present before the victim, and should create fear of death.

Dacoity

1. Dacoity is an aggravated form of Robbery.

2. The main difference between Robbery and Dacoity is the number of participants in committing the wrong. In an offence of dacoity, there must be five or more persons.

3. Dacoity is a more serious and heinous offence than robbery.

4. In dacoity, every member of the gang of dacoity is punished, whether he takes active part or not. If one of the participants( either active or passive) commits wrong defined under this section, all the members are liable for punishment.

5. Every member of dacoity group need not appear before the victim. In a circumstance, where one is watching at the centre, another at the door of the house, equal terror is created in the mind of the owner and thus, all the members are held liable, including those who are not present at the very spot of offence.

PUNISHMENTS:

Section 392, IPC

Punishment for robbery: Whoever commits robbery shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine; and, if the robbery be committed on the highway between sunset and sunrise, the imprisonment may be extended to fourteen years.

Section 393, IPC

Attempt to commit robbery: Whoever attempts to commit robbery shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.

Section 394, IPC

Voluntarily causing hurt in committing robbery: If any person, in committing or in attempting to commit robbery, voluntarily causes hurt, such person, and any other person jointly concerned in committing or attempting to commit such robbery, shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.

Section 395, IPC

Punishment for dacoity: Whoever commits dacoity shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.

Section 396, IPC

Dacoity with murder: If any one of five or more persons, who are conjointly committing dacoity, commits murder in so committing dacoity, every one of those persons shall be punished with death, or imprisonment for life, or rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.

Section 397, IPC

Robbery, or dacoity, with attempt to cause death or grievous hurt: If, at the time of committing robbery or dacoity, the offender uses any deadly weapon, or causes grievous hurt to any person, or attempts to cause death or grievous hurt to any person, the imprisonment with which such offender shall be punished shall not be less than seven years.

Section 398, IPC

Attempt to commit robbery or dacoity when armed with deadly weapon: If, at the time of attempting to commit robbery or dacoity, the offender is armed with any deadly weapon, the sentence with which such offender shall be punished shall not be less than seven years imprisonment.

Section 399, IPC

Making preparation to commit dacoity: Whoever makes, any preparation for committing dacoity, shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.

Section 400, IPC

Punishment for belonging to gang of dacoits: Whoever, at any time after the passing of this Act, shall belong to a gang of persons associated for the purpose of habitually committing dacoity shall be punished with imprisonment for life, or with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine.

Section 402, IPC

Assembling for purpose of committing dacoity: Whoever, at any time after the passing of this Act, shall be one of five or more persons assembled for the purpose of committing dacoity shall be punished with rigorous imprisonment for a term which may extend to seven years, and shall also be liable to fine.

 

This article has been contributed by Anurag Mishra, First Year, Symbiosis Law School, Hyderabad.

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