ROBBERY UNDER SECTION 390 INDIAN PENAL CODE
BY NUPUR GARG
Section 390 of IPC, 1860 deals with the offence of Robbery. It defines robbery as either theft or extortion. 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.
While, 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. Sec. 392 deals with the punishment for robbery. Section 394 of the IPC prescribes the punishment for voluntarily causing hurt while committing or attempting to commit robbery. Section 397 of the IPC prescribes the punishment for causing grievous hurt or attempting to cause death or grievous hurt to any person at the time of committing robbery while Section 398 of the IPC prescribes the punishment if the offender is armed with any deadly weapon while attempting to commit robbery. Robbery is an aggravated form of either theft or extortion.
The opening words of Section 390, IPC, show that there cannot be any robbery, if there is no theft or extortion. Both in theft and extortion, dishonesty is an essential ingredient. So, if there is no element of dishonesty in an act, there can be no offence of theft or extortion and consequently there cannot be an offence of robbery.
The essential ingredients of Robbery are:
There must have been commission of theft as defined in Section 378;
The act of theft must have been committed by the offender causing or attempting to cause fear of death, hurt or wrongful restraint or fear of instant death or instant hurt or instant wrongful restraint; and
There must have been commission of extortion as defined in Section 383 and while doing so the offender must have been in presence of the person and subsequently has put the person in fear of instant hurt or instant wrongful restraint or instant death and by causing so has induces the person to deliver some property in possession of the person so put in fear.
WHEN THEFT IS ROBBERY
Theft is a robbery when in order to commit theft, the offender voluntarily causes or attempts to cause to any person death, subject him to wrongful restraint, cause hurt or induce fear of instant death, instant wrongful restraint or cause instant hurt.
Theft can be called as a robbery when the conditions given below are satisfied:
When the offender voluntarily attempts to cause death;
fear of instant death;
instant wrongful restraint;
WHEN EXTORTION BECOMES ROBBERY
Extortion becomes robbery when the person committing the offence of extortion put the other person in fear and commits extortion by putting that person in fear of death, instant wrongful restraint to that person or to some other person and by doing so induces the person so put in fear then and there deliver the thing that has been extorted.
SECTION 392– PUNISHMENT FOR ROBBERY
The punishment for robbery is given under Section 392 of the Indian Penal Code, 1860. By this section, any person who commits robbery shall be punished with rigorous imprisonment which may be extended up to ten years and shall also be liable to pay a fine.
If the robbery is committed on the highway between sunset and sunrise, then the period of imprisonment may be extended up to 14 years.