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.
Explanations
- 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 holds Z down, and fraudulently takes Z’ money and jewels from Z’ clothes, without Z’ 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.
- A meets Z on the high road, shows a pistol, and demands Z’ 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.
- A meets Z and Z’ 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.
- 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.
Classification of Offence
Para I: Punishment—Rigorous imprisonment for 10 years and fine—Cognizable— Non-bailable—Triable by Magistrate of the first class—Non-compoundable.
Para II: Punishment—Rigorous imprisonment for 14 years, and fine— Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable.
FAQs About Robbery, Theft, and Extortion
Theft involves dishonestly taking someone else’s property without using force or fear, whereas robbery occurs when the offender uses force, fear of instant harm, or wrongful restraint to commit theft or during the act of carrying away the stolen property.
A theft becomes robbery if, during the commission of theft or while carrying away the stolen property, the offender voluntarily causes or attempts to cause death, hurt, or wrongful restraint to any person, or induces fear of instant death, instant hurt, or instant wrongful restraint.
Extortion becomes robbery when the offender, while committing the extortion, is in the presence of the person being threatened and induces fear of instant death, hurt, or wrongful restraint to that person or someone else, leading to the delivery of the extorted item.
Under Para I classification, robbery is punishable by rigorous imprisonment for 10 years and a fine. Under Para II classification, the punishment is rigorous imprisonment for 14 years and a fine.
The severity of punishment under Para I or Para II depends on the circumstances of the robbery and the gravity of the offense. Para II usually applies to more heinous cases of robbery.
Read also:- IPC Section 380: Theft In Dwelling House, Etc
IPC Section 390: Robbery,IPC Section 390: Robbery,IPC Section 390: Robbery
