Robbery involves depriving a person of property through imminent fear of violence. Dacoity refers specifically to armed robbery by a gang. The document outlines the key elements and legal definitions of robbery and dacoity under Sections 390-402 of the Indian Penal Code. It discusses the differences between robbery, theft and extortion. Sections related to robbery, dacoity, attempt, preparation and belonging to gangs are listed. A case example of Abul Mian & Ors. vs. State of Jharkhand is provided where Section 396 for dacoity with murder was applied.
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Indore Institute of Law: Affiliated To Davv & Bci
Robbery involves depriving a person of property through imminent fear of violence. Dacoity refers specifically to armed robbery by a gang. The document outlines the key elements and legal definitions of robbery and dacoity under Sections 390-402 of the Indian Penal Code. It discusses the differences between robbery, theft and extortion. Sections related to robbery, dacoity, attempt, preparation and belonging to gangs are listed. A case example of Abul Mian & Ors. vs. State of Jharkhand is provided where Section 396 for dacoity with murder was applied.
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INDORE INSTITUTE OF LAW
AFFILIATED TO DAVV & BCI
TOPIC:-Robbery and Dacoity: A Brief Introduction (Section 390
to 402)
SUBMITTED TO: MISS ANANDITA
ROBERRY
• Robbery means to deprive a person of his or her property. The chief
distinguishing element in robbery, theft and extortion is the presence of imminent fear of violence • Section 390: Robbery • In all of the robberies, 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 committing 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, and by so putting in fear, induces the person so put in fear then and there to deliver up the thing extorted. The offender is said to be present if he is sufficiently near to put the other person in fear of instant death, of instant hurt, or of instant wrongful restraint. SECTIONS UNDER ROBBERY • Section 392: Punishment for robbery • Section 393: Attempt to commit robbery • Section 394: Voluntarily causing hurt in committing robbery Dacoity • According to the Oxford Dictionary, Dacoity means an act of violent robbery committed by an armed gang. There is no difference between robbery and dacoity except in the number of offenders. SECTIONS UNDER DACOITY • Section 396: Dacoity with murder • Section 397: Robbery or dacoity, with attempt to cause death or grievous hurt • Section 398: Attempt to commit robbery or dacoity when armed with deadly weapon • Section 399: Making preparation to commit dacoity • Section 400: Punishment for belonging to gang of dacoits. • Section 402: Assembling for purpose of committing dacoity CASE LAW • Abul Mian & Ors. vs. State of Jharkhand: • Facts: Hatim Ansari (deceased) was sleeping in his house along with his wife. He woke up by the sound of jumping of somebody in his house by scaling boundary wall. The person who trespassed opened the door from inside. The appellants and others entered into the house and demanded keys of the box that contained money. When the key was not given to them, they threw a bomb in front of the appellant which hit him right in the stomach above waist resulting in injuries. Therefore the wife handed over the keys. They assaulted the appellant and his wife with lathis and were asking about old money and ornaments. The informant died during treatment after 7 days of the incident. • • Section 396 of the Indian Penal Code was applicable as it was a dacoity with murder. •