Robbery and Dacoity under IPC

 

 

INTRODUCTION

Robbery and dacoity both are the offences of criminal law, and both are mention under the Indian Penal Code. Robbery is defined under section 390 and dacoity under section 391. Dacoity is the broader part than that of robbery as all robberies comes under dacoity and not vice-versa. Without committing the robbery, it is not possible to commit dacoity.

Anyone who has committed such an offence either it is robbery or dacoity is liable for punishment under the IPC. There are specific punishments for both the offences, mentioned under section 392 for robbery and under 395 for dacoity.

PLACE UNDER IPC

ROBBERY

In the offence of robbery, it is being committed either by theft or extortion. Without the commitment of theft and extortion, robbery is never said to be committed

When theft is robbery

Theft means that whoever intentionally takes someone’s immovable property from their possession without that person’s consent and moves it from that place, is said to commit of theft.

There are some ingredients for robbery when it is committed by thefts-

  • The act must be done with any person that in order to the committing of thefts, or in committing theft, or in carrying away or attempting to carry away property obtained by theft.
  • When offender voluntarily causes or attempts to causes to any person for death, or hurt, or wrongful restraint and fear about the instant death, or instant hurt, or instant wrongful restraint.

Example: X holds Y down and certainly takes out Y’s self phone from his pocket without the consent of Y. Here X has committed theft, and during the time of committing theft A voluntarily causes wrongful restraint to Y. Therefore X has also committed robbery.

When extortion is robbery

Extortion means that whoever intentionally putting anyone in fear or any injury to that, or to any other, and dishonestly induces to anyone or put in fear for deliver any property or its valuable security, or anything signed or sealed document, which may be converted in to a valuable security is said to be committed extortion.

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There are some ingredients for robbery when it committed by extortion

  • The offender during the time of committing the extortion, is present when put in fear.
  • Offender putting the person in fear, to induce to deliver such a property or extorted thing in the fear.
  • In robbery the offender committing extortion by putting the person in fear of the instant hurt or instant death or instant wrongful restraint.

Example: where A, B, C and D all go to the S’s house with the gun for committing the robbery in the house of the S. But the S was not present in the house then the Z son of the S came, A shoted to Z. Then the A is liable for committing the murder of Z son of S and other B, C, D are liable for committing the robbery.

Punishment of robbery is defined under section 392 of IPC. Whoever has committed the robbery shall be punishable for life imprisonment or rigorous imprisonment for ten years and also liable for fine.

In the case of state of Maharashtra v. Vinayak utekar 1997 cri. L.J. 3988 (bom).

In this case, the accused snatched the gold button from the victim’s shirt and run away from there. But when the accused run away he was caught by the informant to whom accused gave a knife blow. The court held that accused guilty for the robbery of the gold button but not for giving knife blow as it was contended that the accused gave the knife blow just to get free from the informant and not to ensure the taking away of the gold buttons which was stolen property.

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DACOITY

In section 391 of IPC, dacoity is defined as “when five or more persons co-jointly commit or attrmpt to commit or robbery, or where the whole number of persons co-jointly committing or attempting to commit a robbery, and persons present and aiding such commission or atteempt, amount to five or more every person so committing, attempting or aiddingis said to commit dacoity”.

There the ingredients for the dacoity

  • The offender commit or attempt or aiding the robbery.
  • When the robbery committing members are five or more than five, at present time.
  • All members should commit the offence co-jointly.

When robbery is dacoity

Robbery is also called the dacoity, when the members or offenders are more than five and all the members of committing dacoity are equal punishable for the offence.

Punishment of dacoity is defined under section 395 of IPC. Whoever has committed the offence of dacoity shall be punishable for life imprisonment or rigorous imprisonment for ten years imprisonment and also liable for the fine.

In the case of Abdul Kalam V. State of Rajasthan

In the night when Vishwas and his wife Renu jain were sleeping in their house, five persons entered the house and tied their servant Chaturbhuj who was sleeping in the basement of the house. Thereafter, the accused also tied the mouth and body of the Vishwas jain and his wife Renu and then keep it them inside the bathroom and having threatened them at the point of gun and knife, the accused looted the all cash and valuable thing. Complainant Vishwas managed to come out of the bathroom through a window and informed to the police station by the telephonically, malviya nagar, Jaipur. On receiving the information, the police was go to the house of victim, where victim submitted a written report, which a case for a offence under section 395 of ipc was registered.

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DIFFERENCE BETWEEN ROBBERY AND DACOITY

The first difference is on the basis of number of members committing the offence. If the number of members committing the offence are less than five, it is said to be robbery while if the number of members co-jointly committing the offence are five or more than five, it is said to be dacoity.

Second dacoity can be called robbery but robbery cannot be called dacoity, robbery come under the dacoity.

In robbery the abettors are liable independently where in dacoity abettors are also punishable for committing the dacoity.

CONCLUSION

Robbery and Dacoity both are related to each other. There are some differences between both, according of the IPC. But both the offences are harm to the victim either by physically or financially or both.

In robbery the person putting in fear of another person which is hurt, or death, or wrongful restraint. If it is committed by five or more persons, it comes under the dacoity.

So, according to IPC offender of both the offences are punishable their own specific punishment which are already discussed.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Author: Manish Kumar,
Delhi Metropolitan Education and 2nd year(BALLB)

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