What is theft, Extortion, Dacoity, Robbery, Kidnapping and Abduction, as per provisions of IPC?

 Under the IPC, these offences are easiest to remember if you link each one to its core act: theft = taking, extortion = obtaining by fear, robbery = theft/extortion plus instant violence, dacoity = robbery by 5 or more persons, kidnapping = taking away a person unlawfully, and abduction = compelling or inducing a person to go from a place by force or deceit.

Theft

Theft is defined in Section 378 IPC. It means that a person, with dishonest intention, takes movable property out of the possession of another person without that person’s consent, and moves that property in order to take it.

So, in simple words: theft means dishonestly taking someone’s movable property without consent.

Ingredients

• Dishonest intention.

• Movable property.

• Property must be in someone’s possession.

• Taking must be without consent, express or implied.

• There must be some moving of the property.

Easy memory line

Theft = Take and move property secretly or without consent.

Example

If A quietly removes B’s mobile phone from B’s table without B’s consent and with dishonest intention, A commits theft.

Extortion

Extortion is defined in Section 383 IPC. It is committed when a person intentionally puts another in fear of injury and thereby dishonestly induces that person to deliver property, valuable security, or anything signed or sealed which may be converted into valuable security.

In simple words: extortion means getting property by putting a person in fear.

Ingredients

• Intentionally putting a person in fear of injury.

• Dishonest inducement.

• Delivery of property, valuable security, or signed/sealed document convertible into valuable security.

• The victim delivers the property because of that fear.

Easy memory line

Extortion = Fear first, delivery after.

Example

If A tells B, “Give me ₹50,000 or I will injure your son,” and B hands over the money because of that fear, A commits extortion.

Robbery

Robbery is defined in Section 390 IPC, and the section itself says that in all robbery there is either theft or extortion.

In simple words: robbery is aggravated theft or aggravated extortion involving instant violence, hurt, restraint, or fear of instant violence.

When theft becomes robbery

Theft becomes robbery if, in committing the theft, or while carrying away property obtained by theft, the offender voluntarily causes or attempts to cause death, hurt, wrongful restraint, or fear of instant death, instant hurt, or instant wrongful restraint.student.manupatra+1

So, theft + instant violence or fear of instant violence = robbery.

When extortion becomes robbery

Extortion becomes robbery when the offender is in the presence of the person put in fear, and by putting that person in fear of instant death, instant hurt, or instant wrongful restraint, induces that person then and there to deliver the thing extorted.

So, extortion + presence + instant fear + immediate delivery = robbery.

Easy memory line

Robbery = Theft or extortion with instant violence.

Example

If A points a pistol at Z on the road and immediately demands Z’s purse, and Z hands it over, that is robbery.

Dacoity

Dacoity is robbery committed by five or more persons conjointly under Section 391 IPC.

In simple words: when 5 or more persons together commit or attempt to commit robbery, it becomes dacoity.

Ingredients

• There must be robbery or attempted robbery.

• Five or more persons must act conjointly.

Easy memory line

Dacoity = Robbery by 5 or more.

Example

If five persons jointly stop a traveller and forcibly take his cash and jewellery, it is dacoity.

Kidnapping

Under the IPC, kidnapping is of two kinds: kidnapping from India and kidnapping from lawful guardianship.

For interview purposes, the most frequently asked form is kidnapping from lawful guardianship under Section 361 IPC, which means taking or enticing a minor or person of unsound mind out of the keeping of the lawful guardian without the guardian’s consent.

Kidnapping from lawful guardianship

Its essentials are:

• Taking or enticing.

• A minor, that is, a male  or a female under 18 years as per BNS , or a person of unsound mind.

• Such person must be taken out of the keeping of the lawful guardian.

• Without the consent of the lawful guardian.

Easy memory line

Kidnapping = Taking away a minor or person of unsound mind from lawful guardian without consent of guardian.

Important interview point

In kidnapping from lawful guardianship, consent of the minor is immaterial; what matters is the guardian’s consent.

Abduction

Abduction is defined in Section 362 IPC. It means that by force compelling, or by deceitful means inducing, any person to go from any place. In simple words: abduction means carrying a person away by force or by deception.

Ingredients

• Use of force or deceitful means.

• Compelling or inducing a person.

• The person must go from a place.

Easy memory line

Abduction = Force or fraud causing a person to go.

Important interview point

Abduction by itself is not punishable in itself; it becomes punishable when done with a further criminal intent, such as murder, wrongful confinement, marriage, or other offences provided in later sections.

You may answer like this:

• Theft, Section 378 IPC: dishonest taking of movable property out of another’s possession without consent and moving it for such taking.

• Extortion, Section 383 IPC: intentionally putting a person in fear of injury and thereby dishonestly inducing delivery of property or valuable security.

• Robbery, Section 390 IPC: aggravated form of theft or extortion involving death, hurt, wrongful restraint, or fear of instant death, hurt, or wrongful restraint.

• Dacoity, Section 391 IPC: robbery by five or more persons conjointly.

• Kidnapping, Sections 359–361 IPC: kidnapping from India or from lawful guardianship.

• Abduction, Section 362 IPC: by force compelling or by deceitful means inducing any person to go from any place.

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