Sunday, 26 August 2018

Notes on offence of theft,extortion,robbery,and dacoity

Theft (S.378 of IPC)
Five ingredients of offence of theft are as under:
1) Dishonest intention to take property,
2) Property must be movable,
3) It should be taken out of possession of another person,
4) Property should be taken without consent of owner,
5)There should be some removal of property in order to accomplish the taking of it.

Extortion(S 383 of IPC)
Two ingredients of extortion are:
1) Intentionally putting any person in fear of injury to himself or another;and
2)Thereby dishonestly inducing such person to deliver any property or valuable security to any person.
 The fear of injury need not necessarily be personal violence.It may be of any harm illegally caused to body,mind, reputation or property.The fear in extortion must be such as to unsettle the mind of person on whom it operates,and to take away from his act that element of free voluntary action which alone constitutes consent.
The intention of the offender must be dishonest that is to cause wrongful gain or wrongful loss.He must dishonestly induce the person put to fear to deliver property.The delivery of property must take place.Without this, the offence may amount only to an attempt.
Robbery( S 390 of IPC)
S 390 defines robbery. In all robbery there is either theft or extortion.
When theft becomes robbery
S 390 provides that theft is robbery
a) if in order to committing of theft or 
b) in committing the theft,or 
c) in carrying away or in attempting to carry away property obtained by theft- offender for that end voluntarily causes, or attempts to any person;
-death,or
-hurt,or
-wrongful restraint,or 
-fear of instant death or hurt or wrongful restraint.
When extortion becomes robbery
Extortion is robbery if the offender,at the time of committing the extortion,-
1) is in presence of the person put in fear,and
2) commits the extortion by putting that person in fear of instant death,instant hurt or instant wrongful restraint to that person or to some other person,and
3) by so putting in fear induces the person so put in fear then and there to deliver up the thing extorted.
Analysis:
S 390 can be analysed in nutshell thus-
Robbery=

Theft+ violence or fear of instant violence
                       or
Robbery=
Extortion+ offender present+ fear of instant violence+ immediate delivery.

Dacoity (S 391 of IPC)
Dacoity involves robbery which in its turn includes theft or extortion
S 391 provides that when five or more persons conjointly commit- or attempt to commit- robbery or are present and aid such commission or attempt,everyone of them is said to commit dacoity.Attempt to commit dacoity is punishable.

Analysis: the ingredients of offence of dacoity can be analysed
Dacoity = 5 persons attempting to commit robbery
                           or 
                5 persons committing robbery
                           or 
                 1 person committing robbery+ 4              persons present and aiding in its commission
                         or 
     1 person attempting robbery+ 4  persons                 present and aiding in its attempt
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