In this blog post, Srishti Khindaria, a student of Amity Law School, Delhi, Guru Gobind Singh Indraprastha University, analyses the provisions of Section 390 of the Indian Penal Code, 1860 and tries to establish a difference between the terms robbery, theft, and extortion which are commonly used interchangeably in everyday parlance. There is also a mention of the difference between robbery and dacoity.

 

The terms robbery, theft, and even extortion seem very similar and even used interchangeably at times in everyday usage. However, in the legal sense and within the ambit on the Indian Penal Code, 1860 these terms are distinct and have been very clearly defined as distinct crimes. The demarcation between these is given under section 390 of the Penal Code. But before analyzing that section, first, theft and extortion need to be understood separately.

 

What is Theft?

Theft has been defined under Section 378 of the Indian Penal Code, 1860.

It says that whoever intends to take dishonestly any moveable property out of the possession of any person without that person’s consent and moves it, he is said to have committed a theft.

For example: If A, is employed by Z and entrusted by Z with the care of Z’s cash, dishonestly runs away with that cash, without Z’s consent. A has committed theft.

In the case of Pyare Lal Bhargava v. State Of Rajasthan[1], a government employee took a file from the government office and presented it to a certain Mr. A and brought it back in two days later. It was held that permanently taking away the property was not necessarily required, even temporary movement with a dishonest or malicious intention is enough and will amount to theft.

The essentials of theft are:

• There must be a dishonest intention to take the property. If the intention of the offender is not to cause a wrongful loss/gain then even if the property is taken away without consent the act would not amount to theft.
• The property must be moveable, i.e., it must not be attached to the earth.[2] As soon as the property is severed from earth, it is capable of becoming the subject of theft.  For example: A cuts down a tree on Z’s ground, with the intention of dis­honestly taking the tree out of Z’s possession without Z’s con­sent. Here, as soon as A has severed the tree to such taking, he has committed theft.[3]
• The property must be taken out of the possession of another. A thing which is in possession of nobody cannot be the subject of theft.
• The property must be taken away without consent.
• Physical movement of the property is a must; however it is not necessary that it is moved directly. For example: If the accused cuts the string that ties the necklace owing to which the necklace falls, it would be held that he has caused sufficient movement of the property as required for it to amount to theft.

Punishment for Theft

The punishment for theft is given under Section 379 of the Indian Penal Code, 1860. By this section, any person who commits theft shall be punished with imprisonment of up to three 3 years or with fine or with both.

 

 

What is Extortion?

Extortion has been defined under Section 383 of the Indian Penal Code, 1860.

According to the code, any person who intentionally puts another in fear of injury and thereby dishonestly induces him/her to deliver any property or any valuable security or anything signed or sealed which can be converted into a valuable security is said to have committed extortion.

For example: If A threatens B that he will keep B’s child in wrongful confinement and kill him unless B delivers to him Rupees 1 lakh. A has committed extortion.

The essentials of extortion are:

1. The person committing the offense intentionally puts the victim in fear of injury. The fear of injury must be to such an extent that it is capable of unsettling the mind of the victim and making him give his property, as in the above-stated example.

2. The person committing the offense must dishonestly induce the victim so to put in fear to part with his (the victim’s) property.

In R. S. Nayak v. A. R. Antulay[4], A.R. Antulay, a chief minister, promised the sugar cooperatives whose cases were pending before the government for consideration that their cases would be looked into if they donated money. It was held that fear of injury or threat must be used for extortion, and since in this case, there was no fear of injury or threat it would not amount to extortion.

Punishment for Extortion

Punishment for extortion, which is similar to that of theft, has been given under Section 384 of The Indian Penal Code, 1860. By this section any person who commits extortion shall be punished with imprisonment of up to three 3 years or with fine or with both.

 

 

Robbery

Robbery is defined by the Black’s Law Dictionary as the felonious act of taking the personal property in the possession of another from his person or immediate presence against his will accomplished using force and fear, with an intention of permanently depriving the true owner of the thing in question.

According to Section 390 of the Indian Penal Code, 1860 “in all robbery there is either theft or extortion.”

 

 

When Theft is Robbery

Theft is robbery when in order to commit theft or while committing theft, or while carrying away or attempting to carry away property obtained by theft, the offender voluntarily causes or attempts to cause to any person death, subject him/her to wrongful restraint or cause hurt or induce fear of instant death, instant wrongful restraint or causing instant hurt.

Thus, theft becomes robbery when the following conditions are satisfied;

• When the offender voluntarily causes or attempts to cause:
  • Death, wrongful restraint or hurt or
  • Fear of instant death, instant wrongful restraint or instant hurt.
• And the above act(s) is done
  • While committing the theft
  •  To commit the theft
  • While carrying away the property obtained by theft or
  • While attempting to carry away property obtained by theft.

For example: A holds Z down and fraudulently takes Z’s money and jewels from Z’s clothes without Z’s consent. Here A has committed theft, and by committing of that theft, has voluntarily caused wrongful restraint to Z. A has therefore committed rob­bery.[5]

 

 

When Extortion is Robbery

Extortion becomes robbery when the offender at the time of committing the offence of extortion is in the presence of the person put in fear and commits extortion by putting that person in fear of instant death, instant wrongful restraint or instant hurt to that person or some other person and by doing so induces the person, so put in fear to then and there deliver the thing that has been extorted.

Thus, extortion becomes robbery when the following conditions are satisfied;

1. When a person commits extortion by putting another in the fear of instant death, wrongful restraint or hurt
2. Then the offender induces the person under such fear to deliver the property at that very instant; then and there.
3. The offender is in the near presence of such a person put in fear at the time of extortion.

For Example: A meets Z and Z’s child on the high road. A takes the child and threatens to fling it down a precipice unless Z delivers his purse. Z, in consequence, delivers his purse. Here A has extorted the purse from Z, by causing Z to be in fear of instant hurt to the child who is present. A has therefore robbed Z. [6]

However, if A obtains property from Z by saying, “Your child is in the hands of my gang, and will be put to death unless you send us ten thousand rupees.” This is extortion, and punishable as such; but it would not be robbery unless Z is put in fear of the instant death of his child.

Punishment for Robbery

The punishment for robbery is given under Section 392 of the Indian Penal Code, 1860. By this section, any person who commits robbery shall be punished with rigorous imprisonment which may be extended up to ten years and shall also be liable to pay a fine.

If the robbery is committed on the highway between sunset and sunrise, then the period of imprisonment may be extended up to 14 years.

Further, under Section 393 the punishment for an attempt to commit robbery is enshrined. According to this section, anyone who attempts to commit robbery shall be punished with rigorous imprisonment for up to seven years and also be liable for a fine.

 

When Robbery becomes Dacoity

When five or more people commit or attempt to commit a robbery, it is known as dacoity. It is an aggravated form of robbery. The main difference between robbery and dacoity is the number of participants in the crime. Dacoity is defined under Section 391 of the Indian Penal Code, 1860.

Every member of the gang is punished in dacoity whether or not he takes the active part in it. And the punishment for dacoity is given under Section 395 according to which the offenders will be punished with rigorous imprisonment of up to 10 years and a fine.

Basis	Theft	Extortion	Robbery	Dacoity
Consent	The moveable property is taken away without the consent of the owner.	Consent is obtained wrongfully by coercion.	The property is taken without consent.	There is no consent, or it is wrongly obtained.
Subject Matter	It is of moveable property.	It may be either of movable or immovable property.	Robbery may be committed on the immovable property only when it is in the form of extortion.	It maybe is committed on immovable property only when it is in the form of extortion
Number of Offenders	Theft is committed by one or more persons.	Extortion also can be committed by one or more persons.	It can be committed by one or more persons.	To commit dacoity, there must be five or more offenders involved.
Force/Compulsion	There no element of force or compulsion.	This element does exist on the person being put in fear of injury.	Force/compulsion may or may not be used.	Force/compulsion may or may not be used.
Element of Fear	The element of fear is absent in cases of theft.	The element of fear is present in cases of extortion.	The element of fear exists only when the robbery is in the form of extortion.	The element of fear could exist in cases of dacoity.
Delivery of Property	The property is not delivered by the victim.	There is the delivery of property.	If robbery is committed in the form of theft, then there is no delivery of property by the victim.	Similarly, if dacoity is committed in the form of theft, then there is no delivery of property by the victim.
Punishment	Given under Section 379 of the IPC. Imprisonment up to 3 years or fine or both.	Given under Section 384 of the IPC. Imprisonment up to 3 years or fine or both.	Given under Section 392 of the IPC. Rigorous imprisonment up to ten years and fine. If robbery is committed on a highway between sunset and sunrise, then the period of imprisonment can be extended up to 14 years.	Given under Section 395 of the IPC. Rigorous imprisonment up to 10 years and fine.

 

 

[divider]

Footnotes:

[1] 1963 AIR 1094

[2] Explanation 1 of Section 378, Indian Penal Code, 1860

[3] Illustration (a) to Section 378, Indian Penal Code, 1860

[4] 1984 AIR 684

[5] Illustration (a) to Section 390, Indian Penal Code, 1860

[6] Illustration (c) to Section 390, Indian Penal Code, 1860