Define Robbery And Dacoity. When Does The Robbery Become Dacoity?

Robbery

Section 390 of the IPC deals with Robbery. According to Section 390 of the IPC in every robbery, there is either theft or extortion.

When theft is a robbery

When a person commits theft or while committing the theft, or in carrying away, or attempting to carry away a thing obtained by such theft

When extortion is a robbery

Extortion will amount to “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 the person in a fear of instant death, or instant hurt, or of instant wrongful restraint to that person, or to some other person, and, by o putting in fear, induces the person so put in fear then and there to deliver up the thing extorted.[1]

The explanation to section 390 provides that the offender is to be present if he is sufficiently near to put the other person in the fear of instant death, or instant hurt, or of instant wrongful restraint.

Thus, Robbery is a special and aggravated form of theft or robbery. When a person puts the person under the fear of death, hurt or wrongful restraint to commit the theft or extortion then it amounts to robbery. It must be noted that it is not essential that the violence should be committed even the attempt to commit violence will amount to robbery

Carrying away of the property:

If a person carries away the property by committing theft and causing the person under the fear of death, hurt or wrongful restraint then the robbery is said to be committed.

For that end:

Death, hurt or wrongful restraint must be caused to commit theft or extortion. The expression “for that end” indicates that the hurt caused by the offender must be with the object of facilitating the committing of the theft or is carrying away or is attempting to carry away property obtained by theft.[2]

In Venu v. State of Karnataka[3], the husband and the wife were robbed off the gold chain, golden ear drops, thali and cash of ₹400 by threatening with a knife at 9:00 pm. The court convicted the accused of robbery and awarded the custodial sentence of 10 years imprisonment along with the fine of ₹5,000.

Voluntarily causes the injury:

The injury caused while committing theft or extortion must be voluntary, or in other words, the accused must intend to cause the injury. The accidental infliction of injury will not convert the offence of theft to robbery.[4]

In a case, where a person who was trying to steal a basket while cutting the string to which the basket was tied, accidentally cut the wrist of the owner, the court held that the accused was convicted of theft and not robbery.[5]

Person

The word person can not be so narrowly construed as to exclude the dead body of a human being who was killed in the course of the same transaction in which theft was committed.[6]  In a case before the High Court, the Division Bench held that the dead body is not a person.[7]

When does the Robbery become Dacoity

Section 391 of the IPC defines Dacoity. There is no difference between the Robbery and Dacoity except the number of people committing the offence. If the number of people while committing robbery is 5 or exceeds 5 then the same amounts to dacoity. It must be noted that it is necessary to show that all the persons had the common intention to commit robbery.

Five or more persons

Persons committing or attempting to commit robbery and persons present and aiding must not be less than five. If the number is less than five then the same will not amount to Dacoity but Robbery.

Conjointly

The word conjointly means that the five or more persons have collectively or unitedly committed robbery.

Essentials of Section 391

  1. Commission or attempt to commit robbery
  2. Persons committing or attempting to commit robbery must not be less than five.
  3. The persons should act Conjointly

Punishment for Robbery

Section 392 of the IPC provides punishment for Robbery. The Section states that the punishment for robbery may extend to 10 years along with fine. If the robbery is committed on the highway between sunset and sunrise then the same is punishable up to 14 years of imprisonment.

Punishment for Dacoity

Section 396 of the IPC provides the punishment for Dacoity. The section prescribes that those convicted of dacoity may be awarded the imprisonment for life, or with rigorous imprisonment for a term which may extend to 10 years along with fine.

Conclusion

To sum up, there is not much difference between the Robbery and Dacoity except the number of people involved in the commission of the crime. If the number of people involved in the commission of robbery is five or more then the same will amount to Dacoity. Thus, the one point of difference between the two is the number of people involved.

[1] The Indian Penal Code, 1860, Section 390.

[2] Ratanlal & Dhirajlal, ed. 35, 975.

[3] (2008) 3 SCC 94.

[4] Ratanlal & Dhirajlal, ed. 35, 975.

[5] Edwards, (1843) 1 Cox 32.

[6] Ratanlal & Dhirajlal, ed. 35, 976.

[7] Balla v. State of M.P., AIR 1958 MP 192.

Also Read – Distinction Between Kidnapping and Abduction

Nidhi Chhillar

Vivekananda Institute of Professional Studies

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