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
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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