ROBBERY
SECTION 390 - Robbery – in all robbery there is either theft or extortion.
Theft is robbery is when to the committing of the theft, or in carrying away or
attempting to carry away the 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.
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
there to deliver up the thing extorted.
SECTION 392 : punishment for robbery – rigorous imprisonment which may be
extended up to 10 years and shall also be liable to pay a fine.
o If robbery is committed on the highway between sunset and sunrise then the
period of imprisonment may be extended up to 14 years
Nature of offence – cognizable, non – bailable, non – compoundable, and triable by
magistrate of the first class.
SECTION 393 – attempt to commit to robbery – shall be punished wit rigorous
imprisonment for up to 7 years and be liable for a fine.
State of Maharashtra v Joseph Mingel -
o To establish robbery by theft it was essential to prove all the 5 necessary
ingredients laid down under section 378 which is said to constitute theft
o If any of the 5 ingredients of section 378 is not fulfilled then, robbery under
section 390 cannot be said to have been committed.
DACOITY
SECTION 391 – when 5 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 5 or more, every person so committing, attempting, or aiding, is said to
commit “dacoity”.
SECTION 395 – punishes every member of the group in dacoity whether that person
takes an active part or not. The punishment under this section is imprisonment up to
10 years with fine.
Essentials :
o Accused commit or attempt to commit robbery
o People committing must not be less than 5
o All such persons should act conjointly (Om Prakash v State, AIR 1956 All
163)
Aggravated form of Dacoity - Section 396 of IPC – aggravated form of dacoity is
defined as dacoity with murder.
o If anyone of 5 or more than 5 persons, who are conjointly committing dacoity,
commits murder in so committing dacoity, everyone of those persons shall be
punished with death and shall also be liable to fine.
o Ingredients of section 396 :
Offence of dacoity must be committed with the joint act of the accused
persons
Murder must be committed in course of commission of the dacoity.
o Under section 396 – it is not necessary to prove whether the murder was
committed by a single person, or it was committed by all of them.
o It is also not necessary to prove common intention
o The prosecution is only required to prove that the murder was committed
while committing the dacoity.
This section of dacoity requires a particular criminal intention or knowledge and the
act should be committed by more than 1 person. Everyone who joins the act with the
knowledge of the consequences, all of them should be made liable under this section.
SECTION 399 – preparation to commit dacoity –
o whoever makes any preparation for committing dacoity shall be punished with
rigorous imprisonment for a term which may extend to ten years and shall also
be liable to fine.
SECTION 402 – Assembling for the purpose of committing dacoity –
o at any time after the passing of the act, shall be one of five or more persons
assembled for the purpose of committing dacoity, shall be punished with
rigorous
SECTION 397 – Robbery, or dacoity, with attempt to cause death or grievous
hurt.
SECTION 398 – Attempt to commit robbery or dacoity when armed with deadly
weapon.
