Robbery and Dacoity (S. 390 – S. 402):

Robbery:

Section 390 of IPC states that in all robbery there is either theft or extortion. Robbery is a malicious act of taking the personal property of another from a person or immediate presence against his will accomplished by using force and fear, with the intention of permanently depriving the owner of the thing.

In order to under stand Robbery, we need to understand robbery in both cases:

In cases where theft is robbery:

A robbery takes place when, while committing theft or moving property, the offender does any of these acts:

1. When any person voluntarily causes or makes an attempt to cause death, hurt or wrongful restraint to any person;
2. When any person voluntarily causes or makes an attempt to cause fear of instant death, hurt or wrongful restraint to any person.

An act done by the offender should be done in order to commit theft or committing theft or carrying away property which is obtained by theft.

In cases where extortion is robbery:

Extortion becomes robbery when the offender does any of these acts:

1. Whoever commits extortion and puts a person in a fear of instant death, hurt or wrongful restraint;
2. The offender induces a person and puts him in fear to deliver the property;
3. The offender puts a person in fear at the time of extortion.

According to Section 392; whosoever commits robbery, the punishment for it is rigorous imprisonment for a term which may extend to ten years and also involves fine. 

This punishment extends up to fourteen years if the offender commits robbery on highways between the sunset and sunrise.

For attempting to commit robbery, the punishment is rigorous imprisonment of seven years and fine also.

Dacoity:

Section 391 of IPC states that when five or more persons conjointly commits or attempts to commit robbery, it is said to be dacoity. There is no difference between the robbery and dacoity, except for the number of offenders. Group of people which is five or more than five in number makes an attempt to commit robbery or aids in committing or attempting a robbery, is said to commit dacoity.

Case Law: Amrish Devnarayan v. the State of Gujarat   

In this case, the Hon’ble court held that to prove dacoity, one must be supposed to establish certain facts:

Ingredients of Dacoity:

• In the commission of an offence involvement of a person should be five or more than it, as an accused;
• An attempt to commit offence or commission of an offence should be conjoint.

Under Section 395 of IPC, whoever commits dacoity will be liable for punishment includes life imprisonment or rigorous imprisonment which may extend to ten years and fine also.

Criminal Misappropriation of Property (S. 403 – S. 404):

Here the word misappropriation means a dishonest appropriation and use of another person’s property for own use. Section 403 of IPC states, Dishonest Misappropriation of property as follows;

Any person who dishonestly misappropriated any movable property or converts any movable property for his own use will be punished with imprisonment for a term which may extend to two years, or fine, or with both.

Ingredients of Criminal Misappropriation of Property:

• Dishonest misappropriation of a property should be done;
• Such property must be movable;
• Such property should belong to the complainant.

Case Law: Ramaswami Nadar v. the State of Maharashtra

In this case, Hon’ble Supreme court said that the words used in Section 403 ‘converts to his own use’ necessarily implies that the accused has used the property in derogation of the rights of the owner of that property.

Aishwarya Says:

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