Section 390 of the Indian Penal Code defines robbery . According to this section robbery is the aggravated form of either theft or extortion because in all robbery there is either theft or extortion.
The offence of theft becomes robbery if , in order to the committing of the theft , or while committing the theft , or in carrying away or attempting to carry away the property obtained by theft , the offender , for that end ,voluntarily causes or attempts to cause to any person death or hurt or wrongful restraint , or fear of instant death or of instant hurt , or of instant wrongful restraint .
The offence of extortion becomes robbery if , the offender , at the time of committing the extortion , is in the presence of the person put in fear , and commits the extortion by putting that person in fear of instant death or of instant hurt , or of instant wrongful restraint to that person or to some other person , and , by so putting in fear, induces the person so put in fear then and there to deliver up the thing so extorted .
Explanation to the section clarifies that the offender is said to be present if he is sufficiently near to put the other person in fear of instant death or of instant hurt , or of instant wrongful restraint .Essential ingredients of the offence of robbery are as follows
:-i) Offender committed theft as defined in section 378 in the process ;
ii) Offender caused or attempted to cause to some persons —
a) fear of death , or hurt or wrongful restraint ,
b) fear of instant death , or of instant hurt or of instant wrongful restraint ,
iii) Offender did such act either —-
a)in order to the committing of the theft , or
b) while committing the theft , or
c) in carrying away or attempting to carry away the property.In what circumstances robbery amounts to dacoity?
Section 391 of the Indian Penal Code provides that when five or more persons conjointly commit or attempt to commit a robbery , or where the whole number of persons conjointly committing or attempting to commit a robbery , and persons present and aiding such commission or attempt , amount to five or more , every person so committing , attempting or aiding , is said to commit the offence of dacoity.
The offence of robbery takes the character of dacoity when it is committed conjointly by five or more persons . The words conjointly refers to united or concerted action of the persons participating in the transaction .
Essential ingredients of the offence of dacoity are as follows :-
1) The offenders were five or more in number who committed or attemped or aided to commit robbery ;
2) All suchpersons were acting conjointly .Usually in case of dacoity , including train dacoity or bus dacoity the offenders are not known to the victims and witnesses though the witnesses or victims get ample opportunity to see them . As such identification of the offenders at the T.I. Parade is very important in a case of dacoity.
If death is caused in course of dacoity, what is the highestpunishment?
Section 396 of the Indian Penal Code says that if any one of five or more persons , who are conjointly committing dacoity , commits murder in so committing dacoity , everyone of those personsshall be punished with death , or imprisonment for life , or rigorous imprisonment for a term which may extend to ten years , and shall also be liable with fine .
To constitute this offence the following essential ingredients must remain present .
i) Accused persons were five or more in number who committed the dacoity ;
ii) They were acting conjointly ;
iii) Any one or more of them committed murder ;
iv) And such murder was committed in course of dacoity .Section 396 speaks about joint liability of the offenders conjointly commiting a dacoity and for the act of murder committed by any one or more of them. To come within the purview of this section , the murder must be committed in course of dacoity or while committing dacoity . Where murder is committed in attempting to escape without carrying away the stolen property , it does not come within the scope of this section but if the murder is committed while carrying away the stolen property , it falls within the purview of this section . So carrying away the stolen property is must for this section to prove that the murder was committed in course of dacoity .