IPC Sections 379 to 402: Theft, Extortion, Robbery and Dacoity

Chapter XVII of the Indian Penal Code, 1860 dealt with offences against property. This article explains the provisions covered by Sections 379 to 402, including theft, extortion, robbery, dacoity and related aggravated offences, with punishment and procedural classification under the legal position applicable immediately before the Bharatiya Nyaya Sanhita, 2023 came into force.

Key statutory definitions

Section 378 IPC - Theft

Theft was defined by Section 378. In substance, theft occurs where a person, intending dishonestly to take movable property out of another person's possession without that person's consent, moves that property in order to such taking. The definition therefore focuses on dishonest intention, movable property, possession, absence of consent and movement of the property.

Section 383 IPC - Extortion

Section 383 defined extortion. It involves intentionally putting a person in fear of injury and thereby dishonestly inducing that person to deliver property or valuable security, or something signed or sealed which may be converted into a valuable security. Unlike theft, the transfer in extortion is induced by fear.

Section 390 IPC - Robbery

Section 390 explained when theft or extortion becomes robbery. Theft becomes robbery where, for committing the theft, carrying away or attempting to carry away the property, the offender voluntarily causes or attempts to cause death, hurt or wrongful restraint, or fear of instant death, instant hurt or instant wrongful restraint. Extortion becomes robbery in the circumstances specified by Section 390, including the offender's presence and fear of instant harm that induces immediate delivery.

Section 391 IPC - Dacoity

Dacoity is aggravated robbery based on group participation. Section 391 applies where five or more persons conjointly commit or attempt to commit robbery, or where the persons committing or attempting it together with persons present and aiding them total five or more.

Theft and aggravated theft - Sections 379 to 382

Section 379 prescribes the general punishment for theft. Section 380 deals with theft in a building, tent or vessel used as a human dwelling or for custody of property. Section 381 concerns theft by a clerk or servant of property in the possession of the master or employer. Section 382 addresses theft committed after preparation for causing death, hurt, restraint or fear of such consequences in order to commit the theft, escape after it, or retain the stolen property.

Extortion - Sections 383 to 389

Section 384 provides punishment for extortion. Sections 385 to 387 progressively address putting a person in fear of injury, death or grievous hurt for extortion. Sections 388 and 389 concern extortion, or an attempt to extort, by threat or fear of accusation of specified serious offences.

The statutory references in Sections 388 and 389 must be read in their legal context as applicable during the relevant period. Their text included a special consequence connected with an accusation of the offence then described in Section 377 IPC.

Robbery and dacoity - Sections 390 to 402

Section 392 punishes robbery, while Section 393 punishes an attempt to commit robbery. Section 394 applies where hurt is voluntarily caused while committing or attempting robbery. Sections 395 and 396 deal with dacoity and dacoity with murder.

Section 397 imposes a minimum sentence where, at the time of committing robbery or dacoity, the offender uses a deadly weapon, causes grievous hurt, or attempts to cause death or grievous hurt. Section 398 similarly provides a minimum sentence for an attempt to commit robbery or dacoity when the offender is armed with a deadly weapon.

Sections 399 to 402 address preparation for dacoity, membership of gangs associated with habitual dacoity or theft, and assembling for the purpose of committing dacoity.

IPC Sections 379 to 402: punishment and classification

The following table summarizes the central-law IPC punishment and CrPC classification applicable immediately before 1 July 2024. State amendments may alter the position in a particular State and should be checked where relevant.

Important practical distinction

Theft, extortion, robbery and dacoity are related but distinct offences. Theft principally concerns dishonest taking without consent; extortion concerns delivery induced through fear of injury; robbery is an aggravated form of theft or extortion involving the immediate violence or fear described by Section 390; and dacoity requires the group element specified in Section 391. The facts and statutory ingredients must therefore be examined before selecting the applicable provision.