Robbery

Robbery - section 390 of the IPC

The act of Robbery is defined in section 390 of the IPC. In all robbery, there is either theft committed or extortion. It is an advanced stage of any act of theft or extortion. When some elements combine with the essentials of theft or extortion, it becomes robbery.

when The act of theft becomes robbery -

• In order of committing theft or while committing theft, or
• In carrying the property of theft or attempting to carry the property obtained after the theft, or
• The offender, while committing theft, causes other person death, or hurt, or wrongful restraint.
• The offender attempts to cause the other person to death, hurt or wrongful restraint, or
• The offender, while committing or attempting to commit theft, makes the other person under fear of instant death, or of instant hurt, or of instant wrongful restraint.

 In a normal act of theft, there is no use of force or intention to cause hurt, death, or wrongful restraint. This is the reason for robbery being an advanced stage of theft.

Illustration:

X went to Y’s house for a get-together. There he found a bag with cash lying on the table of Y. X with ill intention takes the cash and puts it in the pocket to take away. When X was trying to escape, Y comes to know that his cash is missing. While searching here and around, it was found with X. 

X in attempting to take away the cash hits Y down the floor and runs away. Here X has caused hurt to Y while taking away property obtained by the theft.

when The act of extortion becomes robbery -

• The offender who is committing extortion is physically present near the person extorted.
• The offender, by his presence, puts the other person in fear of instant death, or instant hurt, or instant wrongful restrain.
• The person by causing fear to other person induces him to deliver the thing then and there.
• The offender is said to be near when he is capable of putting the other person under fear of instant death, or of instant hurt, or of instant wrongful restraint.

 In the act of extortion, there is a threat of a consequence under which a person extorts money or valuables. But in robbery, it is instant fear of death, hurt or wrongful restraint. 

Illustration:

A meets  X & Y on the high road. A by showing his sharp weapon to X, orders Y to give his purse to A. Y in fear surrenders his purse to A. Here A by putting Y under fear of instant death has induced Y to surrender his purse. Here A has committed robbery.

Punishment For Robbery

• section 392 of IPC prescribes the punishment for robbery. 
• If any person commits robbery, then he shall be punished for rigorous imprisonment upto 10 years. 
• if the person committing robbery commits robbery on the highway after sunset and before sunrise, then he can be imprisoned upto 14 years.

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