Theft, extortion, robbery, dacoity differences and their sections - summary

Let's summarize the differences with this chart to quickly understand.

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Theft  , Robbery,  Dacoity ,  Extortion

Let's quickly see some Illustrations:

1.   A goes to B's house and takes the watch on the table and put it inside his pocket with the intention to sell it to get money and goes away before B returns from the room.

A has committed THEFT.

2. A threatens B with some indecent photographs and demands Rs1,00,000,  Upon not giving the sum A shall circulate the photos to B's husband's family. B informs police and doesnot give money. Police captures A. Now  A is guilty of-

A is guilty of EXTORTION.

3. A goes to B's house and threatens B to handover the property paper and upon not handing over them,They end up in fist fight, A takes the gun and loads them and points it on B's child, Upon fear of killing his daughter, B handover the documents and A goes away.

A has committed ROBBERY.

4. A along with B,C,D,E,F,G and H collects some sharp weapons and a Gun loaded with bullets and enters Z's office and takes away all the money and valuables by pointing gun on Z and knife on Z's employee. The gang flees from there by pushing every body inside the office. here the Gang has committed -

A and his companions with common intention has committed DACOITY.

PUNISHMENTS

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Extortion IPC 383

 

Extortion is defined in Section 383 of IPC as appropriation of property by coercion.

The essential ingredients of the offence of extortion are:

• intentionally putting a person in fear of injury (imminent threat and injury to a person.)
• The act must be done intentionally and deceitfully.
• An unreasonable force should be shown through which a person seeks to take the property or any other valuable goods of another person or any document.
• the purpose of which is to dishonestly induce the person put in fear to deliver property or valuable security.

Illustration: 

X demands money or valuables from A by causing immediate fear of killing A's Child at point of a gun, A gives money and valuables as demanded by X, then X has an offence of extortion

Case Law:

Romesh Chandra Arora v State

The accused had written letters to one X enclosing photograph of his daughter in the nude, which he took by threatening the girl and demanded hush money from X and threatened X that he would circulate them to the relatives of X if the money was not paid. 

He was convicted for extortion and criminal intimidation.

Punishment (section 384 of IPC)

Punishment for extortion is enshrined under section Section 384 of the Indian penal code.

A person committing such offence shall be punished with the imprisonment of 3 years or with fine or both.

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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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