The offence of robbery can be said to be aggravated form of either theft or extortion or both because more harm to the victim, especially physical harm. In every offence of robbery there are either the elements of theft or the elements of extortion. Section 390 IPC provides and explains the offence of robbery as:

“In all robbery there is either theft or 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.”

As per Section 390 IPC robbery can be understood in the two kinds of situations:

• when theft is robbery and
• when extortion is robbery.

When theft is robbery

According to Section 390 IPC, ‘theft’ is robbery when following elements are present:

• Presence of imminent fear or violence indicating the end towards death, hurt or wrongful restraint. The violence may be caused either before, during or after committing theft and it must be caused for the end of committing of theft, or in committing theft.
• The force must be used for the purpose of carrying away the property only. If force is used for any other purpose, then the theft shall not be accounted as robbery. Like if the persons use force to escape from being caught and not to take away the property then it will be case of theft and not robbery.
• The hurt caused must be voluntarily caused by the offender. Accidental cause of hurt due to use of force by offender will not convert theft into robbery.

When extortion is robbery

According to Section 390 IPC, ‘extortion’ amounts to ‘robbery’ when:

• When the offender is present before the person and puts him or any other person in the fear of instant death/hurt/wrongful restraint.
• And due to inducement, the person delivers up the thing extorted

In nutshell section 390 IPC can be summarized as:

Robbery = [theft + violence or fear of instant violence]

OR

[ extortion+ presence of offender+ fear of instant violence+ immediate delivery]

The element of instant harm is vital to the offence of robbery and makes it different from theft and extortion.

Illustration: A person on road stops you and points gun on your head and asks to give away all the valuable things that you have right away. The person is said to have committed the offence of robbery.

Section 392 IPC – Punishment for Robbery

Section 392 IPC, provides punishment for the offence of robbery as:

“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.”

Thus, the offence of robbery is:

• Cognizable
• Non bailable
• Can be tried by magistrate of first class
• Awarded punishment as to rigorous imprisonment for 10 years and fine. And if committed on highway between sunset and sunrise then with rigorous imprisonment for 14 years and fine.

Dacoity

Dacoity can be said to be aggravated form of robbery. In simple words, it can be defined as an offence whereby five or more persons together with a shared intention commits or attempt to commit robbery. Even a person presents during the act or aiding such commission or attempt shall be held liable for the offence of dacoity.

Section 391 IPC explains dacoity as:

“When five 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 five or more, every person so committing, attempting or aiding, is said to commit “dacoity”.”

The word conjointly means united or concerted action of persons participating in same transaction. And the presence of shared common intention is a vital element in the offence of robbery.

The offence of dacoity can be classified into four stages:

• Assembling for the purpose of committing dacoity (Section 432)
• Preparation to commit dacoity (Section 399)
• Attempt
• Actual commission

It is to be kept in mind that all the four stages of dacoity are punishable.

Illustration: Six people decide to loot a bank and they arrange all the weapons as to guns and hockey sticks and assemble on the decided date, one person stands at the main gate of the bank to stop anyone from entering and the rest go inside, one of them gets scared inside and just stands ideal in a corner and rest four get all the money on gun point. All the six shall be convicted for the offence of dacoity.

Section 395 IPC – Punishment for Dacoity

Section 395 IPC provides for punishment for dacoity as:

“Whoever commits dacoity shall be punished with 1[imprisonment for life], or with rigorous imprisonment for a term which may extend to ten years and shall also be liable to fine.”

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