IPC Sections 390, 391 and 392: Robbery, Dacoity and Punishment for Robbery

Sections 390, 391 and 392 of the Indian Penal Code, 1860 explain when theft or extortion becomes robbery, when robbery becomes dacoity, and the punishment for robbery. The provisions distinguish robbery from ordinary theft or extortion by requiring violence, attempted violence, wrongful restraint, or fear of instant harm in the circumstances specified by Section 390.

Legal position covered: This article explains the Indian Penal Code, 1860 and Code of Criminal Procedure, 1973 position applicable before the Bharatiya Nyaya Sanhita, 2023 came into force on 1 July 2024. For an earlier offence, the date of conduct and applicable repeal and savings provisions remain relevant.

Section 390 IPC - Robbery

Basic rule: In all robbery there is either theft or extortion.

When Theft Becomes Robbery

Theft is robbery if, in order to commit the theft, while committing the theft, or while carrying away or attempting to carry away property obtained by the theft, the offender, for that purpose, voluntarily causes or attempts to cause to any person:

death;
hurt;
wrongful restraint;
fear of instant death;
fear of instant hurt; or
fear of instant wrongful restraint.

When Extortion Becomes 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, instant hurt, or instant wrongful restraint to that person or another person, and by such fear induces the person then and there to deliver the thing extorted.

Explanation of Presence Under Section 390 IPC

The offender is considered present if sufficiently near to put the other person in fear of instant death, instant hurt or instant wrongful restraint.

Illustrations to Section 390 IPC

Illustration (a): A holds Z down and fraudulently takes money and jewels from Z's clothes without Z's consent. Because A voluntarily causes wrongful restraint in order to commit the theft, A commits robbery.

Illustration (b): A meets Z on a highway, shows a pistol and demands Z's purse. Z surrenders it. A has extorted the purse by putting Z in fear of instant hurt while being present, and therefore commits robbery.

Illustration (c): A meets Z and Z's child on a highway, takes the child and threatens to fling the child down a precipice unless Z delivers his purse. Z delivers the purse. The fear is of instant hurt to the child who is present, so A commits robbery.

Illustration (d): A obtains property from Z by saying that Z's child is in the hands of A's gang and will be put to death unless Z sends ten thousand rupees. This is extortion, but it is not robbery unless Z is put in fear of the instant death of the child.

Essential Ingredients of Robbery Under Section 390 IPC

There must first be theft or extortion.
For theft to become robbery, the violence, attempted violence, restraint or specified instant fear must be connected with committing the theft or carrying away or attempting to carry away the stolen property.
For extortion to become robbery, the offender must be present in the statutory sense.
In extortion-based robbery, the fear must concern instant death, instant hurt or instant wrongful restraint.
The fear must induce delivery then and there.

Section 391 IPC - Dacoity

When five or more persons conjointly commit or attempt to commit a robbery, or when the total number of persons conjointly committing or attempting the robbery together with persons present and aiding the commission or attempt amounts to five or more, every such person committing, attempting or aiding is said to commit "dacoity".

Essential Ingredients of Dacoity

There must be a robbery or an attempt to commit robbery.
Five or more persons must be involved in the manner specified by Section 391.
Persons present and aiding the commission or attempt count toward the statutory number.
The participants act conjointly in relation to the robbery or attempted robbery.

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. If the robbery is committed on the highway between sunset and sunrise, the imprisonment may extend to fourteen years.

Robbery, Dacoity and Punishment at a Glance

Section	Provision	Key Requirement	Punishment Covered Here
390	Robbery	Theft or extortion accompanied by the particular violence, restraint or instant fear specified in the section	Definition; punishment is provided principally by Section 392 and other applicable provisions
391	Dacoity	Five or more persons conjointly committing or attempting robbery, including qualifying persons present and aiding	Definition; punishment for dacoity is dealt with by Section 395 IPC
392	Punishment for robbery	Commission of robbery	Rigorous imprisonment up to 10 years and fine; up to 14 years for highway robbery between sunset and sunrise

Meaning of Related IPC Expressions

Theft

Section 378 IPC deals with theft. In substance, theft involves dishonestly moving movable property out of another person's possession without that person's consent in order to take it.

Extortion

Section 383 IPC defines extortion by reference to intentionally putting a person in fear of injury and thereby dishonestly inducing delivery of property, valuable security, or a signed or sealed item capable of being converted into valuable security.

Hurt

Section 319 IPC provides that whoever causes bodily pain, disease or infirmity to any person is said to cause hurt.

Wrongful Restraint

Section 339 IPC deals with wrongful restraint. Broadly, it concerns voluntarily obstructing a person so as to prevent that person from proceeding in a direction in which that person has a right to proceed, subject to the statutory exception.

Pre-BNSS Criminal Procedure Position

Under the First Schedule to the Code of Criminal Procedure, 1973, robbery punishable under Section 392 IPC was a cognizable and non-bailable offence, triable by a Magistrate of the first class. Other robbery and dacoity offences in the succeeding IPC provisions carry their own classifications and punishments.

Related Robbery and Dacoity Provisions

The IPC continues the subject through provisions dealing with attempt to commit robbery, hurt in committing robbery, punishment for dacoity, dacoity with murder, use of deadly weapons, preparation for dacoity, gangs of dacoits or thieves, and assembling for dacoity.

This article provides a general summary of the pre-BNS statutory position. The provision applicable to a particular matter depends on the date of the alleged offence, facts, evidence and applicable procedural law.