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Robbery

Robbery is the crime of stealing money or property from a bank, shop, or vehicle, often by using force or threats. The gang members committed dozens of armed robberies. The man was serving a sentence for robbery with violence. Synonyms: theft, stealing, fraud, steaming [informal] More Synonyms of robbery.

The word “rob” came via French from Late Latin words (e.g., deraubare) of Germanic origin, from Common Germanic raub “theft”.1 Criminal slang for robbery includes “blagging” (armed robbery, usually of a bank) or “stick-up” (derived from the verbal command to robbery targets to raise their hands in the air), and “steaming” (organized robbery on underground train systems)..

Section 390 of the Indian Penal Code defines robbery . According to this section robbery is the aggravated form of either theft or extortion because in all robbery there is either theft or extortion. The offence of theft becomes robbery if , in order to the committing of the theft , or while committing the theft , or in carrying away or attempting to carry away the property obtained
by 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 .
The offence of extortion becomes 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 or 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 so extorted .

Explanation to the section clarifies that the offender is said to be present if he is sufficiently near to put the other person in fear of instant death or of instant hurt , or of instant wrongful restraint .

Essential ingredients of the offence of robbery are as follows :-

i) Offender committed theft as defined in section 378 in the process

ii) Offender caused or attempted to cause to some persons —
a) fear of death , or hurt or wrongful restraint ,
b) fear of instant death , or of instant hurt or of instant wrongful restraint ,


iii) Offender did such act either —-
a)in order to the committing of the theft , or
b) while committing the theft , or
c) in carrying away or attempting to carry away the property.

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.

IN WHAT CIRCUMSTANCES ROBBERY AMOUNTS TO DACOITY?


Section 391 of the Indian Penal Code provides that 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 the offence of dacoity. The offence of robbery takes the character of dacoity when it is committed conjointly by five or more persons . The words conjointly refers to united or concerted action of the persons participating in the transaction .

State of Maharashtra v. Vinayak Utekar,Cri. L.J. 3988 (Bom.) the accused snatched the gold buttons from the shirt of a person and ran away. While running away, he was caught by the informant to whom the accused gave a knife- blow. The Court held the accused guilty under Section 390 for the offence of robbery as it could not be contended that the accused gave knife blow only to get himself freed from the clutches of the informant and not to ensure the taking away of the gold buttons which was a stolen property.

Hardayal Prem v. State of Rajasthan, AIR. 1991 S.C. 269 two accused persons were charged for the offence under Section 302, 304 and 392 for murder and robbery However, one of them appealed against his conviction and sentence and he was acquitted by the appellate Court. The Court also ordered the acquittal of the other accused who had not appealed holding that it was the demand of justice to recognise his right of acquittal when the accused who had appealed was acquitted by the Court..

Harinder Singh v. State of Punjab,AIR. 1992 S.C. 1976 the gunman working Punjab State Transport Corporation robbed the cashier of his own corporation and locked him inside the room after causing him injuries. Thereafter he was absconding for about 212 months. The cashier had reported this incident to one of the prosecution witnesses immediately after this robbery. The gunman was held guilty of the offence under Section 392/397 and his conviction was upheld by the Supreme Court and appeal was dismissed.

WHEN EXTORTION IS ROBBERY?

Extortion becomes robbery when the offender at the time of committing the offence of extortion is in the presence of the person put in fear and commits extortion by putting that person in fear of instant death, instant wrongful restraint or instant hurt to that person or some other person and by doing so induces the person, so put in fear to then and there deliver the thing that has been extorted.

Thus, extortion becomes robbery when the following conditions are satisfied;

1) When a person commits extortion by putting another in the fear of instant death, wrongful restraint or hurt 2) Then the offender induces the person under such fear to deliver the property at that very instant; then and there. 3) The offender is in the near presence of such a person put in fear at the time of

WHEN THEFT IS ROBBERY ?

Theft is robbery when in order to commit theft or while committing theft, or while carrying away or attempting to carry away property obtained by theft, the offender voluntarily causes or attempts to cause to any person death, subject him/her to wrongful restraint or cause hurt or induce fear of instant death, instant wrongful restraint or causing instant hurt. Thus, theft becomes robbery when the following conditions are satisfied;

when the offender voluntarily causes or attempts to cause: 1) Death, wrongful restraint or hurt or 2) Fear of instant death, instant wrongful restraint or instant hurt.

And the above act(s) is done 1) while committing the theft 2) To commit the theft 3) While carrying away the property obtained by theft or 4) While attempting to carry away property obtained by theft

Punishment for robbery

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.

CLASSIFICATION OF OFFENCE
Para I: 
Punishment—Rigorous imprisonment for 10 years and fine—Cognizable— Non-bailable—Triable by Magistrate of the first class—Non-compoundable.
Para II: Punishment—Rigorous imprisonment for 14 years, and fine— Cognizable—Non-bailable—Triable by Magistrate of the first class—Non-compoundable.

Conclusion:

Robbery is seen as the more severe variation of theft or extortion. Therefore, the elements of theft as described under Section 378 and extortion as specified under Section 383 must be present in transitively to constitute theft amounting to robbery or extortion amounting to robbery. However, there must be a component of immediate threat, immediate injury, or imminent death for robbery to become robbery from extortion or robbery from stealing. Therefore, it is crucial to grasp the distinctions between the three offences since, although they may seem similar to the layperson, they are distinct in the legal world.

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