This article has been written by Soudip Das, a student of 4th Semester, BBA LLB, Adamas University

Abstract 

This legal journal article gives a summary of the Indian Penal Code’s definition of the crime of robbery (IPC). Robbery is a horrifying crime in which someone is robbed of their possessions or treasures under the threat or actual use of force. The concept of robbery and the necessary conditions for robbery are covered in the article. It also addresses the penalties for robbery and the IPC-recognized aggravated kinds of robbery. In order to preserve public safety and security, the article emphasizes the seriousness of the crime and the necessity of upholding the robbery-related legal regulations.

Introduction

Robbery is a severe crime that involves stealing someone’s goods or assets by using force or the threat of force. It is seen as a major danger to public safety and security, and perpetrators face harsh penalties. Robbery is defined as a crime against property and individuals under the Indian Penal Code (IPC), and perpetrators face harsh penalties. This article will offer an outline of the robbery offence as defined by the IPC. We will go through the concept of robbery and the factors that must be present in a robbery case. We will also discuss robbery penalty and the severe kinds of robbery recognized under the IPC. In addition, we will present instances of robbery cases in India and their legal results to demonstrate how robbery law rules are utilised in practise. Finally, we will emphasize the need of upholding robbery laws in order to maintain public safety and security. Understanding the legal requirements connected to robbery is critical for preserving law and order in society, and we hope that this page will be a helpful resource for anybody interested in learning more about this terrible violation.

Definition of Robbery Under the IPC

Robber as defined under Section 390 of The Indian Penal Code, 1870 as “Robbery. —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. 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” This definition includes several essential elements that must be present for an act to be considered robbery under the IPC. Firstly, the property in question must belong to someone else, and it must be taken from the person of that individual. Secondly, the taking of the property must be against the will of the person who owns it. Finally, the taking must be accomplished either by force or the threat of force. If all these elements are present, the act will be considered robbery under the IPC.

Explanation of Section 390 of the IPC

1. To constitute the offense of robbery under the IPC, several essential elements must be present. These include: 
2. Property Ownership: The property that is the subject of the robbery must belong to someone else. In other words, the offender must take something that does not belong to them. 
3. Taking from Person: The property must be taken from the person of the victim, which means that it must be in their physical possession or control. If the property is taken from a location that is not within the victim’s control, it may not constitute robbery. 
4. Against Will: The taking of the property must be against the will of the person who owns it. In other words, the victim must not have consented to the taking of their property. 
5. Force or Fear: The taking of the property must be accomplished either by force or by creating fear in the mind of the victim. The use of force or the threat of force can be physical or psychological and is often the defining feature of robbery. 

It is important to note that all these elements must be present for an act to be considered robbery under the IPC. If any one of these elements is absent, the act may not be considered robbery but may still be punishable under other provisions of the law.

Punishment for Robbery

The punishment for robbery is specified under Section 392 of the IPC. Robbery is punishable by imprisonment for a term of up to 10 years and a fine. The length of imprisonment and the amount of the fine are determined by the facts of the case, such as the worth of the stolen item, the level of force employed, and the injury done to the victim.

If the robbery is done by five or more people, it is deemed “dacoity,” which is a more serious violation, and the punishment for dacoity is life imprisonment or a sentence of up to 10 years in jail, as well as a fine.

It is crucial to remember that the penalty for robbery can be increased in certain instances, such as when the criminal is equipped with a lethal weapon or commits serious bodily harm to the victim. In such circumstances, the punishment can include life imprisonment or a period of up to twenty years in jail, as well as a fine.

Furthermore, under the IPC, the punishment for robbery is non-compoundable, which means that the victim cannot withdraw the complaint after it has been filed. The case may only be withdrawn with the court’s authorization.

Explanation of Section 392 of the IPC

Section 392 of the Indian Penal Code (IPC) addresses robbery and imposes penalty for it. The provision states that anybody who commits robbery will face imprisonment for a term of up to ten years and a fine.

The offence of robbery under Section 392 is defined in the same way as the offence of robbery is defined under Section 390. To conduct robbery under Section 392, the offender must cause or attempt to inflict death, bodily harm, unlawful restraint, or fear of instant death, bodily harm, or wrongful restraint while committing or attempting to commit theft or while transporting stolen property. The use of force or the threat of force is a distinguishing aspect of robbery.

It is crucial to note that the penalty for robbery under Section 392 may be increased in certain instances, such as when the perpetrator is equipped with a lethal weapon or causes serious bodily harm to the victim. In such circumstances, the punishment can include life imprisonment or a period of up to twenty years in jail, as well as a fine.

Furthermore, robbery is a non-compoundable offence under the IPC, which means that the victim cannot withdraw the case after it has been lodged. The case may only be withdrawn with the court’s authorization.

Overall, Section 392 of the IPC acts as a strong deterrence to robbery and offers a clear and precise punishment for those who commit this offence.

Severity of punishment and fines

The punishment and fines prescribed for the offense of robbery under the IPC are designed to serve as a deterrent against this crime. The severity of the punishment and fines takes into account the seriousness of the offense and the harm caused to the victim. The punishment for robbery under Section 392 of the IPC is imprisonment for a term that may extend to ten years and a fine. This punishment is considered to be quite severe and is designed to deter offenders from committing the offense of robbery. The punishment also serves to provide justice to the victim and ensure that the offender is held accountable for their actions. Furthermore, the fines imposed for the offense of robbery can also be quite substantial. The amount of the fine imposed is determined based on the value of the property stolen, the degree of force used, and the harm caused to the victim. The fine serves as a form of restitution to the victim and can also act as a deterrent against future offenders. It is important to note that the punishment and fines prescribed for the offense of robbery under the IPC may be enhanced under certain circumstances, such as when the offender is armed with a deadly weapon or causes grievous hurt to the victim. In such cases, the punishment can be imprisonment for life or a term that may extend up to twenty years, along with a fine. Overall, the severity of the punishment and fines for the offense of robbery under the IPC serves as an important deterrent against this crime and ensures that justice is served for the victim. It is crucial that law enforcement agencies and the judiciary remain vigilant in enforcing these laws to ensure that offenders are held accountable for their actions.

Aggravated Forms of Robbery

While the basic offense of robbery under Section 390 and Section 392 of the IPC is itself a serious crime, there are aggravated forms of robbery that are even more serious and carry even more severe punishments. These aggravated forms of robbery involve the use of weapons or result in serious bodily harm to the victim. One such aggravated form of robbery is armed robbery, which involves the use of a deadly weapon such as a firearm or knife during the commission of the offense. Under Section 397 of the IPC, anyone who commits or attempts to commit robbery with the use of a deadly weapon shall be punished with imprisonment for life or a term that may extend up to ten years, along with a fine.

 Another aggravated form of robbery is robbery with causing grievous hurt, which involves causing serious bodily harm to the victim during the commission of the offense. Under Section 397 of the IPC, anyone who commits or attempts to commit robbery with causing grievous hurt shall be punished with imprisonment for life or a term that may extend up to ten years, along with a fine. 

It is important to note that the punishments for these aggravated forms of robbery are much more severe than the punishments for basic robbery under Section 390 and Section 392 of the IPC. This is because the use of a deadly weapon or causing grievous hurt to the victim during the commission of the offense increases the severity of the crime and the harm caused to the victim. 

Overall, the aggravated forms of robbery under the IPC serve as a reminder of the seriousness of this crime and the importance of ensuring that offenders are held accountable for their actions. Law enforcement agencies and the judiciary must remain vigilant in enforcing these laws to ensure that justice is served for the victim and to deter future offenders from committing these aggravated forms of robbery.

Case Studies

Case Study 1: A group of men armed with knives enters a bank and demands that the teller give them all the cash in the bank. The teller complies with their demands and hands over the money. The men then flee the scene. The police are later able to track down and arrest the men, who are charged with the offense of armed robbery under Section 397 of the IPC. 

Analysis: In this case, the offense of armed robbery has been committed as the men have used deadly weapons (knives) during the commission of the offense. The fact that they have taken money from the bank using force and against the will of the teller further establishes the offense of robbery. The men could be punished with imprisonment for life or a term that may extend up to ten years, along with a fine under Section 397 of the IPC. 

Case Study 2: A man breaks into a house at night and holds a couple at gunpoint while he searches the house for valuables. The couple complies with his demands and hands over all their cash and jewelry. The man then flees the scene. The police are later able to identify and arrest the man, who is charged with the offense of robbery with causing grievous hurt under Section 397 of the IPC. 

Analysis: In this case, the offense of robbery with causing grievous hurt has been committed as the man has used a deadly weapon (gun) during the commission of the offense and has caused serious harm to the couple by holding them at gunpoint. The fact that he has taken money and jewelry from the couple using force and against their will further establishes the offense of robbery. The man could be punished with imprisonment for life or a term that may extend up to ten years, along with a fine under Section 397 of the IPC.

Conclusion

To conclude, robbery is a serious criminal offence in India that is punishable under the Indian Penal Code. Sections 390 and 392 of the IPC define and explain the elements of robbery, such as property ownership and taking from another person against their will, force, or fear. Robbery punishment varies according to the severity of the offence and can include imprisonment, fines, or both. Armed robbery and robbery resulting in death or serious bodily harm are both punishable by death or serious bodily harm.

Individuals must understand the legal ramifications of committing robbery and refrain from engaging in such criminal behaviour. The case studies presented highlight the seriousness of robbery and the legal consequences that follow. It is the responsibility of law enforcement and the judiciary to ensure that those who commit robbery are brought to justice and that victims receive the legal compensation.

References

1. “Robbery in Indian Law,” by Alok Kumar and Aparajita Choudhury, published in the International Journal of Humanities and Social Science Research.
2. “A Critical Study on the Offence of Robbery in Indian Penal Code,” by Dr. Sarita Singh and Dr. Mahesh Singh, published in the International Journal of Social Science and Humanities Research.
3. “Crime in India 2019,” a report published by the National Crime Records Bureau (NCRB).
4. “Robbery: Definition and Examples,” an article published on the Legal Match website.
5. “Robbery in India: Statistics and trends,” an article published on the India Today website.