Robbery in IPC

Robbery in IPC is a serious crime involving unlawful property acquisition through force, fear, or coercion. In India, the legal framework governing robbery is defined in the Indian Penal Code (IPC), a comprehensive statute outlining criminal offences and their punishments.

What is Robbery in IPC?

Robbery can be defined as a criminal act where theft or extortion occurs, accompanied by certain additional elements. It involves the use or threat of violence, harm, or wrongful restraint to compel a person to give up their property or belongings. Robbery is a crime against property under IPC.

There are two distinct scenarios in which an offence can be categorised as robbery:

Theft as Robbery

According to Section 378 of the Indian Penal Code, 1860, theft is defined as dishonestly taking someone’s property without their permission and moving it.

When theft is considered robbery in IPC, it means that during the commission of the theft, the offender intentionally causes or attempts to cause death, harm, wrongful restraint or instils fear of immediate death, immediate harm, or immediate wrongful restraint to any person. 

These actions can occur before, during, or after the theft, and they are carried out to facilitate the theft or escape with the stolen property.

Extortion as Robbery

Extortion is defined under Section 383 of the Indian Penal Code, 1860. This section says that anyone who intentionally puts another person in fear of injury and dishonestly induces them to deliver any valuable property or anything signed that can be converted into valuable security is said to have committed extortion.

Extortion becomes robbery in IPC when the offender commits the act of extortion while being physically present in the presence of the person being coerced. The offender induces fear of immediate death, immediate harm, or immediate wrongful restraint to the person being extorted or another person. By instilling this fear, the offender compels the person being extorted to surrender the demanded item or property at that very moment.

In both cases, robbery encompasses a combination of theft or extortion with force, fear, or coercion to unlawfully acquire the property. Violence, harm, or wrongful restraint differentiate robbery from simple theft or extortion, making it a more severe criminal offence with potentially harsher penalties.

Robbery in IPC

In all robbery, there is either theft or extortion.

“When theft is robbery — Theft is “robbery” if, in order to the committing of the theft, or in committing the theft, or in carrying away or attempting to carry away property obtained by the 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.

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 the extortion by putting that person in fear of instant death, 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 extorted.?

Essential Ingredients of Robbery in IPC

According to Section 390 of the Indian Penal Code, 1860, all robberies involve either extortion or theft. Robbery, as defined by Black’s Law Dictionary, refers to the illegal act of taking someone’s personal property against their will, using force and fear, to permanently deprive the owner of that property.

Causing Death, Hurt or Wrongful Restraint or Fear 

In cases where theft is considered robbery or when extortion is classified as robbery, certain actions such as death, hurt, wrongful restraint, or fear can be inflicted upon individuals involved.

When Theft Becomes Robbery

In the case of theft being considered robbery, it occurs when the offender voluntarily causes or attempts to cause death, wrongful restraint, hurt, or instils fear of immediate death, immediate wrongful restraint, or immediate hurt to any person while committing the theft, carrying away the stolen property, or attempting to do so.

To illustrate, let’s consider an example: If person A forcefully holds person B down and takes B’s money from their clothes without B’s consent, A has committed theft. However, since A also caused wrongful restraint to B during the act of theft, it qualifies as a robbery.

When Extortion Becomes Robbery

Extortion is classified as a robbery when the person committing the offence induces fear in another person and obtains something of value by causing fear of death or immediate wrongful restraint to that person or someone else. By doing so, they compel the person in fear to immediately surrender the extorted item.

For instance, let’s consider a scenario: Person A encounters Person B, and B’s child is present. A takes hold of the child and threatens to harm the child unless B hands over their purse. B complies and hands over the purse in fear for the child’s safety. In this case, A has obtained the purse through extortion by instilling fear of immediate harm to the child. Therefore, A’s actions constitute robbery.

However, if A obtains property from B by claiming that their gang has the child and will cause harm unless B sends them a large sum of money, this would be considered extortion and punishable. However, it would not be categorised as robbery unless B is put in fear of immediate death of their child.

Possession of Stolen Property

The concept of stolen property is addressed in Sections 410 to 414 of the Indian Penal Code. Section 410 defines stolen property as the transfer of one’s property to another person through theft, extortion, robbery, criminal misappropriation, or criminal breach of trust. It encompasses various types of properties that can be unlawfully misappropriated.

These instances involving unlawfully obtained property are referred to as stolen properties. According to Section 410, if a person transfers property through any of the means mentioned above, it is considered stolen property. These means include theft, extortion, robbery, criminal misappropriation, and criminal breach of trust.

Section 411 of the Indian Penal Code states that any person who dishonestly possesses or retains stolen property shall be subject to a minimum punishment of three years’ imprisonment, a fine, or both.

Punishment for Robbery in IPC

According to the Indian Penal Code, 1860, the punishment for robbery is outlined in Section 392. This section states that anyone found guilty of committing robbery shall be subjected to imprisonment for a period that can extend up to ten years, along with the possibility of being fined.

Furthermore, if the robbery is committed on a highway, the imprisonment term can be increased to 14 years. Attempted robbery, as defined in Section 393, carries a punishment of imprisonment for up to seven years and the potential for a fine.

Punishment for Being a Member of a Gang of Robbers

Section 412 of the Indian Penal Code addresses the punishment for being a member of a gang of robbers. This section applies to individuals who knowingly possess or receive stolen property obtained through the commission of a dacoity (a type of robbery). It also covers situations where a person receives property from someone they know or have reason to believe is a member of a dacoit group and knows or has reason to believe that the property has been stolen.

Those found guilty under this section can face imprisonment for life or a rigorous imprisonment term of up to ten years. The section aims to punish individuals who receive property acquired through the act of dacoity.

Attempt to Commit Robbery

Section 393 of the Indian Penal Code, 1860, defines the punishment for attempting to commit robbery. According to this section, any person who makes an attempt to commit robbery will be subject to rigorous imprisonment for a period that can be extended up to seven years. They will also be liable to pay a fine as part of their punishment.

Conclusion

Robbery is a criminal offence characterised by the act of unlawfully taking someone’s property or belongings through the use of force, threat, or intimidation. It involves the use or threat of violence, harm, or wrongful restraint to compel a person to surrender their possessions against their will.

The key elements of robbery typically include the intention to permanently deprive the owner of their property, the presence of force or fear, and the act of taking the property directly from the person or in their immediate presence. Robbery is considered a serious crime with severe legal consequences to deter and punish those who engage in such behaviour.

The punishment for robbery, as outlined in Section 392 of the IPC, includes imprisonment for up to ten years, with a potential extension to 14 years if committed on a highway. Attempted robbery, as defined in Section 393, carries a punishment of rigorous imprisonment for a maximum of seven years. Being a member of a gang of robbers, as addressed in Section 412, can lead to life imprisonment or up to ten years of rigorous imprisonment.