New Delhi :- Adv. Parvez Haider Judicial Service Aspirants Read and comment answer written on Robbery and Dacoity.
Robbery And Dacoity
Question 1. What are the Essential elements of robbery? when does it amount to Dacoity? What offence is committed when the offender while committing the above offence, causes the death of any person? [(500 word) 15 Mark]
Answer- Robbery has been defined in section 390 of the Indian Penal Code 1860.
Definition of Robbery – According to section 390, Every type of Robbery involves either Theft or Extortion.
Ingredients of Robbery
When Theft is Robbery – Theft is Robbery when the fear of death / hurt or wrongful restraint is shown to a person to commit theft or to take away property by stealing. It converts theft into Robbery.
Purpose of the Offender
- To steal property
- During Theft
- Carrying of stolen property.
- The offender’s voluntarily committing any person for the
(1) death / hurt / wrongful restraint or
(2) Immediate – causing or attempting to cause fear of death / hurt / wrongful obstruction
When Extortion is Robbery – Extortion shall be deemed to be Robbery when the offender, in the presence of a person put in fear while committing Extortion, commits that person –
- Himself or someone else’s.
- Puts in fear of immediate death / hurt / wrongful inhibition.
- Fear and pressure puts a person on the person to deliver the valuable item at the same time and place.
Explanation- The offender shall be deemed to have been present if he is near enough to put the other person in fear of immediate death/hurt/wrongful restraint.
Example – ‘A’ meets ‘Y’ on the road, shows a pistol and ‘Y’ asks for a bag. As a result ‘Y’ gives his bag. Here ‘A’ snatches the bag by showing ‘Pistol’, at that time the fear of immediate injury is in his presence. Hence ‘A’ has robbed.
When is it called Dacoity i.e. when Robbery is Dacoity?
Every such Robbery is considered as dacoity in which 5 or more than 5 persons take this part.
Note – It is not necessary that all the five persons should actively participate in such robbery but some of them may commit crime and some may help them.
If by committing the above offense the offender causes the death of someone, then he will be considered guilty of which offense?
If by committing the above offense the offender causes the death of any person, he shall be deemed to be guilty of the offense of dacoity including murder under section 396 of the Indian Penal Code.
Section 396 – Dacoity with murder – If any one of the five or more persons who are committing dacoity jointly commits murder in so committing Dacoity, every person of that group shall be liable for the murder. He shall be punished with death/imprisonment for life or with rigorous imprisonment for a term which may extend to 10 years and shall also be liable to fine.
Question 2. Explain the Difference Between Robbery and Dacoity?
Answer. The offenses of Robbery and Dacoity have been defined in Chapter 17 of the Indian Penal Code, 1860, which deals with offenses against property.
Following is the difference between Robbery and Dacoity-
(1) Section 390 of the Indian Penal Code 1860 defines Robbery, Whereas Dacoity is defined in section 391.
(2) Robbery is a stronger form of both theft or extortion Whereas dacoity is a more serious form of Robbery. [ Venu venugpal & Ors. Vs. State Of Karnataka , 2008 (3) SCC 94. ]
(3) The Robbery can be committed by a person, Whereas 5 or more than 5 people gather together and commit dacoity.
(4) Every Dacoity is Robbery, whereas every Robbery is not Dacoity.
(5) Punishment for Robbery – Section 392 – Rigorous imprisonment which may extend to 10 years and fine.
Note- If the robbery is done on the highway between sunset and sunrise, the imprisonment can be up to 14 years.
Punishment for Dacoity – According to section 395 – Whoever commits dacoity shall be punished with imprisonment for life or with rigorous imprisonment for a term which may extend to 10 years and shall also be liable to fine.