What is Robbery? What is Dacoity? What is the punishment for robbery? Section 390, 391 and 392 of Indian Penal Code 1860.

Robbery, Dacoity and punishment for robbery under Indian Penal Code are defined under Section 390, 391 and 392 of Indian Penal Code 1860. Provisions under these sections are:

 
 

Section 390 of Indian Penal Code. "Robbery"

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 carving 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 roads, 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 fling 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.

Section 391 of Indian Penal Code "Dacoity"

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".

Section 392 of Indian Penal Code "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.

ROBBERY AND DACOITY

Section 390, 391 and 392 of Indian Penal Code 1860 - What is Robbery? What is Dacoity? What is the punishment for robbery?

Section 393, 394, 395 and 396 of Indian Penal Code 1860 - What is attempt to commit robbery? What is voluntarily causing hurt in committing robbery? What is the punishment for dacoity? What is Dacoity with murder?

Section 397, 398 and 399 of Indian Penal Code 1860 - What is dacoity with murder? What is Robbery, or dacoity, with attempt to cause death or grievous hurt? What is Attempt to commit robbery or dacoity when armed with deadly weapon and punishment?

Section 400, 401 and 402 of Indian Penal Code 1860 - What is the Punishment for belonging to gang of dacoits? What is the Punishment for belonging to gang of thieves? What is the punishment for Assembling for purpose of committing dacoity?

 

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