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If someone steals something and while doing so, they intentionally harm or try to harm someone, or scare them with the threat of immediate harm or wrongful restraint, then it is called “Robbery”.
If someone threatens another person and forces them to give something valuable by making them afraid of immediate harm or danger, it is called extortion. If the person doing the extortion is physically present with the frightened person and uses the fear of immediate death, injury, or wrongful restraint (holding them against their will) to make them hand over the thing being demanded, then it is considered as robbery.
According To Section 390 of PPC:
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 commit ting 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.
(a) 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, in order to the committing of that theft, has voluntarily caused wrongful restraint to Z. A has therefore committed robbery.
(b) A meets Z on the highroad, shows a pistol, and demands Z’s purse. Z, in consequence, surrenders his purse. Here A has extorted the purse from Z by putting him in fear of instant hurt, and being at the time of committing the extortion in his presence. A has therefore committed robbery.
(c) A meets Z and Z’s child on the highroad. A takes the child, and threatens to fling it down a precipice, unless Z deliver his purse. Z, in con sequence, 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 there present. A has therefore committed robbery on Z.
(d) 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 is not robbery, unless Z is put in fear of the instant death of his child.
Following are the relevant provision of P.P.C:
- Section 390 and 392 for Robbery.
- Section 391 and 395 for Dacoity.
Essentials of Robbery:
Robbery is a serious criminal offense that involves the unlawful taking of someone else’s property through the use of force, threat, or intimidation. To establish the crime of robbery, certain essential elements must be present.
Robbery involves the taking or attempting to take someone else’s property without their consent. The taking must be against the will of the owner or the person in lawful possession of the property.
Property of another:
The property that is taken must belong to someone else. It could be tangible items like money, jewelry, or personal belongings, or intangible items such as documents or intellectual property.
Presence of force or threat:
Robbery involves the use of force, threat, or intimidation to overcome the resistance of the victim or instil fear in them. This force or threat could be physical violence, the use of weapons, or verbal intimidation.
In many jurisdictions, robbery requires the offender to be in the immediate presence of the victim during the commission of the crime. This means that the victim is aware of the offender’s presence and their criminal intent.
Robbery typically requires the presence of a specific mental state, known as mens rea, which refers to the intention or knowledge of committing a crime. The offender must possess the intent to unlawfully take the property and the knowledge that their actions are wrong.
Punishment For Robbery U/S 392:
A person who commits robbery will face punishment of rigorous imprisonment for a period not less than three years and not more than ten years. Additionally, they will be liable to pay a fine. If the robbery takes place on a highway, the imprisonment term may be extended up to fourteen years.
Case Law (2005 TLR 128):
It was held that the offence of robbery though not compoundable but compromise always considered as redeeming feature. An accused can be acquitted on the basis of Compromise between the parties.
Dacoity U/S 391:
According to Section 391 of Pakistan Penal Code:
When five or more individuals collectively commit or attempt to commit a robbery, or when the total number of individuals involved in committing or attempting to commit a robbery, including those present and assisting in the act, reaches or exceeds five, each person involved in committing, attempting, or aiding the robbery is considered to have committed “dacoity.”
Essentials of Dacoity:
Dacoity is a term used to describe a specific type of robbery that involves a group of five or more people acting together.
- Conjoint Commission:
Dacoity involves the collective commission or attempted commission of a robbery by a group of five or more individuals. The individuals must be acting together, sharing a common intention to commit the crime.
Dacoity is essentially an aggravated form of robbery. The act of robbery involves the unlawful taking or attempting to take someone else’s property by using force, threat, or intimidation. The property taken must belong to another person.
- Group Participation:
All members of the group involved in the dacoity, including those directly committing the robbery and those present to aid and assist, are considered to have committed dacoity. Each individual must have a shared intention to commit the crime and actively contribute to its commission.
- Number Of Participants:
Dacoity typically requires a minimum of five individuals to qualify as such. If the total number of individuals involved in the commission or attempted commission of the robbery, including those directly involved and those aiding, reaches or exceeds five, it can be classified as dacoity.
- Mens Rea:
Similar to robbery, dacoity generally requires the presence of a specific mental state, known as mens rea, which refers to the intention or knowledge of committing a crime. Each participant must have the intent to unlawfully take property through force, threat, or intimidation.
Proof of Dacoity:
A decoity begins as soon as there is an attempt to commit robbery. It is not necessary that the force or menace should be displayed by any overt act and it may be implied in the conduct of the mob.
Punishment of Dacoity U/S 395:
The punishment for committing dacoity involves either imprisonment for life or rigorous imprisonment for a period of not less than four years and not more than ten years. In addition, the offender is also subject to a fine.
Jurisdiction of Court:
Offence u/sec 395, being trial by the court of session, magistrate section 30 had no jurisdiction to take cognizance of the same.(1995PrLj 1819)
Difference Between Robbery And Dacoity
|Nature of Difference
|Robbery refers to the unlawful taking of someone else’s property through force, threat, or intimidation by an individual or a group.
|Dacoity is an aggravated شدت اختیار کر گئی form of robbery that specifically involves a group of five or more individuals acting together to commit or attempt to commit a robbery.
|Number Of Participants
|In robbery, the number of participants can vary, and it can be committed by an individual or a group of any size.
|Dacoity requires the involvement of a minimum of five individuals who act collectively in committing or attempting to commit the robbery.
|Robbery is generally considered a serious offense but may carry less severe penalties compared to dacoity.
|Dacoity is considered an aggravated offense due to the involvement of multiple individuals acting in concert, which often leads to more severe penalties.
|A person who commits robbery will face punishment of rigorous imprisonment for a period not less than three years and not more than ten years.
|The punishment for committing dacoity involves either imprisonment for life or rigorous imprisonment for a period of not less than four years and not more than ten years. In addition, the offender is also subject to a fine.
|In robbery, it is not necessary for all individuals involved to have a shared intention. Some participants may act independently, while others may collaborate.
|Dacoity requires a collective intention, meaning all participants must share the intention to commit the robbery and actively contribute to its commission.
|Presence Of Violence
|Robbery may involve the use of force, threat, or intimidation, but the level of violence may vary depending on the circumstances.
|Dacoity often involves a higher likelihood of violence due to the presence of multiple offenders acting together, which increases the potential for more forceful tactics.
In conclusion, the definition of robbery requires the accused to have the intention to unlawfully take someone else’s property. This can be accomplished by causing harm, restraining the person, or inducing fear of immediate harm or confinement. When five or more individuals are involved in committing this offense, it is considered a more serious and severe act.