IPC 390-402: Robbery & Dacoity
1. Sections 390-402 of the Indian Penal Code defines various laws related to Robbery & Dacoity. Sections 390, 392, 393, 394 & 401 of the IPC deals with robbery and IPC sections 391, 395, 396,399, 400 & 402 deals with dacoity while sections 397 & 398 are common to both.
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| IPC 390-402: Robbery & Dacoity |
ROBBERY
2. Robbery refers to the taking of something of value, whether money, property or other valuable assets from someone through the use or threat of physical force. Robbery is an aggravated form of theft or extortion.
3. Elements of robbery;
1. The actual taking away of the money or property must have taken place.
2. The person committing the robbery must have the intent to steal or the intent to cause wrongful loss to one and wrongful gain to another.
3. There must be a threat of violence or the use of physical force during the robbery.
4. Robbery must be done in the victim’s presence.
4. In all robbery, there is theft or extortion. Section 390 of the Indian Penal Code specifies;
1. When theft is robbery—Theft is ‘robbery’ if, to commit theft, or in committing theft, or in carrying away from or attempting to carry away property got by theft, the offender voluntarily causes or attempts to cause any person death, hurt or wrongful restraint, or fear of instant death, hurt or wrongful restraint.
2. When extortion is robbery—Extortion is ‘robbery’ if the offender, at the time of committing the extortion, is in the presence of the person put in fear and commits extortion by putting that person in fear of instant death, instant hurt or of instant wrongful restraint. And, by doing so induces the person, so put in fear to deliver the thing extorted. In simple words, extortion with instant fear is called robbery.
5. Section 392 of the Indian Penal Code specifies punishment for robbery. It states that—Whoever commits robbery shall be punished with rigorous imprisonment extending to ten years, and shall also be liable to fine, and if the robbery is committed on the highway between sunset and sunshine, the imprisonment may extend to fourteen years.
6. Section 393 of the Indian Penal Code specifies punishment for attempting to commit robbery. It reads as—Whoever attempts to commit robbery shall be punished with rigorous imprisonment extending to seven years, and shall also be liable to fine.
7. Section 394 of the Indian Penal Code specifies punishment for voluntarily causing hurt while committing robbery. It states that if anyone while committing or attempting to commit robbery voluntarily, causes hurt then such person and any other person jointly concerned in committing or attempting to commit robbery shall be punished with imprisonment for life or with rigorous imprisonment extending to ten years, and shall also be liable to fine.
8. Section 401 of the Indian Penal Code specifies punishment for belonging to a gang of thieves. It states that—Whoever after passing of this Act shall belong to any wandering or other gangs of persons associated with habitually committing theft or robbery and not being a gang of thugs or dacoits shall be punished with rigorous imprisonment extending to seven years and shall also be liable to fine.
DACOITY
9. Dacoity refers to an act of violent robbery committed by an armed gang. There is no difference between robbery and dacoity apart from the number of offenders. Robbery is dacoity if the persons committing robbery are five or more in number.
10. Elements of robbery;
1. The accused should have committed or attempted to commit robbery.
2. All the persons included should act conjointly.
3. The persons committing or attempting to commit robbery and the person's present and aiding must not be less than five.
11. Section 391 of the Indian Penal Code defines dacoity as when five or more persons conjointly commit or attempt to commit a robbery, or where the whole number of persons committing conjointly or attempting to commit and persons present and aiding such commission amount to five or more, every person so committing, attempting or aiding is said to commit “dacoity”.
12. Section 395 of the Indian Penal Code specifies punishment for committing dacoity. It states that whoever commits dacoity shall be punished with imprisonment for life, or with imprisonment extending to ten years, and shall also be liable to fine.
13. Section 396 of the Indian Penal Code specifies punishment for Dacoity with murder. It states that if any one of five or more persons, who are conjointly committing dacoity, commits murder while committing dacoity then everyone included shall be punished with death, or imprisonment for life, or with rigorous imprisonment extending to ten years, and shall also be liable to fine.
14. Section 399 of the Indian Penal Code states the punishment for preparing to commit dacoity. It reads as—Whoever makes any preparation for committing dacoity shall be punished with rigorous imprisonment extending to ten years and shall also be liable to fine.
15. Section 400 of the Indian Penal Code defines the punishment for belonging to a gang of dacoits. It states that whoever after the passing of this Act shall belong to a gang of persons associated with habitually committing dacoity, shall be punished with imprisonment for life, or with rigorous imprisonment extending to ten years, and shall also be liable to fine.
16. Section 402 of the Indian Penal Code specifies punishment for assembling to commit dacoity. It states that—Whoever after passing of this Act, shall be one of five or more persons assembled to commit dacoity shall be punished with rigorous imprisonment extending to seven years, and shall also be liable to fine.
17. Section 397 deals with punishment for an attempt to cause death or grievous hurt while committing robbery or dacoity. It states that if at the time of committing robbery or dacoity; the offender uses any deadly weapon, or causes grievous hurt to any person, so attempts to cause death or grievous hurt to any person, the imprisonment with which such offender shall be punished shall not be less than seven years.
18. Section 398 specifies punishment for attempting to commit robbery or dacoity when armed with deadly weapons. It states that if at the time of attempting to commit robbery or dacoity; the offender is armed with any deadly weapon, then the offender shall be punished with imprisonment for a minimum of seven years.