Nisman Parpia
What is Robbery?
We have been familiar with the word “Robbery” from school, in simple terms it is taking something valuable from another person by the use of force or violence or even threat of force or violence. What sets robbery apart from mere stealing is that the robber takes something from the victim’s “person or presence” meaning The victim is present during the occurrence of robbery and uses (or threatens to use) force or violence like knocking a person down or pulling something out of someone’s hands and using other forms of violence to steal.
Essential constituents of Robbery
The dictionary of Black Law says robbery is a felonious act of taking a personal property of a person against his will accomplished by using force and fear with the intention and motive to permanently deprive the owner of his property or money. The essentials of robbery include dishonest intentions, putting the victim in fear of injury along with wrongful and unconsented taking of immovable property. Section 390 of the Indian penal code 1860 States that, in all robbery there is either extortion or theft.
Conditions where theft becomes robbery
Theft is termed as robbery when the procedure of committing theft, the offender voluntarily causes or attempts to cause death of any person, subject him to wrongful restraint, causing hurt, inducing fear of instant death, instant wrongful restraint or cause instant hurt including scars, wound and heavy bleeding. It has to be noted that the above acts are done while committing the theft or while attempting to carry away property or money of the victim or while carrying away the property acquired by theft.
Illustration:
Mr M holds Mr F down and fraudulently takes Mr F’s money, jewels, watch and his phone without his consent. Here Mr M has committed theft and in order to committal of this theft he has voluntarily caused wrongful restraint to Mr F. Thus Mr M has committed robbery.
Conditions where extortion becomes robbery
Extortion turns into robbery if the offender at the time of committing extortion is in the presence of the person put in fear, commits extortion by putting that person in the fear of instant death or instant hurt or instant wrongful restraint to that person or to some other person to deliver up the thing extorted or to complete his/her motive of extortion.
Illustration:
Mr X meets Mr Y on the highway, shows him pistol and demands Mr Y’s wallet. Y consequently surrenders his wallet. Here Mr X has extorted the wallet from Mr Y, causing Mr Y to be in fear of instant hurt or death, and being at the time of committing the extortion in his presence. Hence Mr X has committed robbery.
Punishment
The punishment for robbery has been included under section 392 of the Indian penal code, 1860. A Person who commits robbery shall be punished with rigorous imprisonment for a term extending to 10 years and shall also be liable to fine and if the robbery has been committed on the highway between sunset and sunrise, the imprisonment may also extend to a period of 14 years.
Under section 393 it has been stated that the punishment for an attempt to commit robbery is imprisonment for up to 7 years and also liable for fine.
Section 412 deals with the punishment of being a member of a gang of robbers. It deals with person receiving stolen property, the possession Which he/she knows is due to the commission of dacoity or robbery, it further states that when a person receives property belonging to another person after knowing that it has been stolen with sufficient reasons and justifications:
The punishment for these people includes imprisonment extending to 10 years. This section punishes everyone who receives any property which can be acquired by the commission of the dacoity.
What is dacoity?
Dacoity has been defined under section 391 of Indian penal code, when five or more persons conjointly commit or even attempt to commit a robbery where each and every person presents aids or attempts such commission, every person so committing, attempting or aiding is set to commit “dacoity”.
Dacoity with murder
It has been stated under section 396 that if anyone of five or more persons who are together committing dacoity, commit murder in so committing dacoity every one of those persons can be charged with dacoity resulting into murder.
Dacoity attempting to cause death or grievous hurt
Under section 397 if the offender uses any deadly weapon or causes grievous hurt to any person or even attempts to do so, he or she will be imprisoned for a period not less than seven years.
In the case of Ashfaq vs State, the Supreme Court ruled that the weapon with which the offender is armed is a deadly weapon within the meaning of this section, if it is within the vision of the victim and is capable of creating terror in the mind of the victim. It is also sufficient to satisfy the word ‘uses’ for the purpose of section 397 IPC.
Attempt to commit the quality when armed with deadly weapon
Under section 398, This includes a person who is at the time of attempting to commit robbery or dacoity, armed with a deadly weapon.
Making various preparations to commit Dacoity
Under section 399 such persons shall be punished with imprisonment for a term which may extend to 10 years and shall also be liable to fine.
Assembling to commit dacoity
Section 402 states that whoever at any time after the passing of this act shall be one of five or more persons who has assembled for the purpose and motive of committing Dacoity shall be punished.
Punishment
Section 395 states, all offenders committing dacoity are collectively liable to punishment irrespective of whether they commit it or simply attempt/aid it. The punishment stated is life imprisonment or rigorous imprisonment up to 10 years along with fine. If any offender commits the offence of murder while committing dacoity, all the offenders collectively are liable to a death sentence. Alternatively, they can receive life imprisonment or rigorous imprisonment up to 10 years with fine.
Case law– Abdul kalam vs. State of Rajasthan
Facts: In the night when Vishwas he and his wife Renu Jain were asleep in their house, five persons entered the house and tied their servant named chatrabhuj who was sleeping in the basement. After then, the accused tied the mouth, legs and hands of Vishwas Jain along with his wife, bolting them inside the bathroom and threatening them at the point of pistol and knife. The accused wrongfully took the gold and silver ornaments along with coins and cash.
The miscreants stayed in the house for about an hour. Vishwas managed to come out of the bathroom through a window and then called the police station, Malviya Nagar (Jaipur) through a telephone informing them about this. After receiving the information, the police party reached the house of the complainant. Vishwas submitted a written report, whereupon a case for offence of dacoity had been registered under Section 395 of IPC.
Summarising the Difference between robbery and dacoity
Robbery is a generic offence which is an aggravated form of theft or extortion, defined under section 390 of IPC. Dacoity is a specific form of robbery and has been defined under Section 391 of IPC. Dacoity requires five or more than five people while robbery may include only one which makes dacoity more serious crime in nature as compared to robbery, as addition of more people can increase the damage and harm, Thus the punishment differs accordingly.
The punishment for robbery shall not be less than three years, not more than 10 years and shall also be liable to fine While the person committing dacoity shall be given rigorous imprisonment for a term which may extend to 10 years, also liable to fine.
Relevance of ‘highway’: Robbery being committed on the highway may lead to imprisonment being extended to 14 years but the fact that dacoity is committed on the highway will not change the position or punishment.
Robbery is cognizable, non-bailable, non-compoundable and triable by magistrate of first class while dacoity is cognizable, non-bailable, non-compoundable and triable by court of session.
In relevance to the position of Abettors, in robbery the abettors are liable independently while in dacoity abettors present and aiding the crime which is being committed are also counted in the number.
Conclusion
The crime of robbery is a part of Dacoity. Both are interlinked to each other while robbery brings instant fear and some threat the quality plans murder and steals another person’s property looting ornaments and money. There have been cases in which Dacoity has lead to rape. The punishment system in India is not perfect and has to be changed as early as possible. In early days crimes were less but the deterrence of punishment was high. Robbery and dacoity can reduce only scrutiny of youngsters because punishment is less under Indian Penal Code. According to me, the child or an adult person committing robbery or even dacoity should be punished according to the nature of crime and not the age.