Thursday, 30 June 2022

Robbery under IPC

                        Robbery under IPC

On a daily basis and in the common language, the phrases such as robbery, theft and extortion are used interchangeably but under the legal aspect it has different meaning. Under the Indian Penal Code, 1860 the definition is clearly defined which is distinct from each other. As we move further to understand what really robbery means and stands for, it is important to first understand the concept of theft and extortion by which the it will be easy to understand the main concept which is discussed in this article.

As per Section 378 of Indian Penal Code, 1860 “whoever intends to take dishonestly any movable property out of the possession of any person without that person’s consent and moves it, he/she is said to have committed a theft”. The main elements for this offence is that there should be dishonest intention present, property is movable, taken out of the possession of another without consent. Therefore, if all these conditions are met then the individual is said to have committed theft and now he or she will be given punishment which is defined under Section 379 of the Indian Penal code, 1860. It shall be imprisonment of up to 3 years or fine or with both.

As per the Section 383 of Indian Penal Code, 1860 “any person who intentionally puts another person in fear of injury and dishonestly induces him or her to deliver any valuable property or anything signed which can be converted into valuable property security is said to have committed extortion”. The main elements for this offence are that the accused should intentionally put the victim in fear of injury and induce him or her to pass on his or her property. It should be present that there is a pressure in the victim’s mind as it would in the reasonable person’s mind and he would act according to that only. The punishment which will then be awarded under Section 384 of the Indian Penal Code, 1860 will be same as theft that is imprisonment for up to 3 years or fine or both.

Lastly, according to Section 390 of the Indian Penal Code, 1860, when there will be robbery there is either extortion or theft. It literally means that when one individual takes the personal property of the another individual against his will by using force and fear, with the intention of depriving the owner of his or her property permanently, then he is said to have committed robbery. Now, it is important to analyze that what fear means under the law. So, it means when the person is put under the apprehension of death, hurt, or wrongful restraint then it is said to have generated the fear in a reasonable person’s mind. The punishment for this is defined under the Section 392 of the Indian Penal Code, 1860. It mentions that whoever commit the offence of robbery will be imprisoned which may be extended to 10 years and shall also be liable to pay fine. Further, when it is committed on the highway which is different from the common lace then it will attract imprisonment for 14 years. Also, Section 393 of the Indian Penal Code, 1860 defines punishment for the attempt to robbery which gives imprisonment for up to 7 years and shall also be liable to pay fine.


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