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 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 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.
Explanations
- 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.
Illustrations
- A holds Z down, and fraudulently takes Z’ money and jewels from Z’ clothes, without Z’ 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.
- A meets Z on the high road, shows a pistol, and demands Z’ 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.
- A meets Z and Z’ child on the high road. A takes the child, and threatens to filing it down a precipice, unless Z delivers his purse. Z, in consequence, 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.
- 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.
IPC Section 390: Simplified Explanation
IPC Section 390 defines the offence of robbery. It combines elements of theft and extortion, occurring when theft is accompanied by violence, threat, or injury to a person or when extortion involves the victim being put in fear of instant death, grievous hurt, or wrongful restraint. Essentially, robbery is theft or extortion executed under circumstances of immediate danger or fear, significantly escalating the severity of the offence.
Is IPC Section 390 bailable?
IPC Section 390 is non-bailable. The offence directly threatens personal safety and property, making it a serious crime that requires a judicial review for bail considerations.
IPC Section 390 Punishment
Under IPC Section 390, the punishment for robbery can be rigorous imprisonment for a term that may extend to ten years, and the offender shall also be liable to a fine. If the robbery causes grievous hurt, the term of imprisonment can be up to 14 years. The severity of the punishment reflects the combined threats to personal safety and property involved in the offence.
Example of IPC Section 390
A real-life example of IPC Section 390 occurred when a group of individuals attacked a man walking home late at night. They threatened him with knives and demanded his wallet, phone, and other valuables. During the altercation, the man sustained injuries as he was physically assaulted and robbed. The culprits were apprehended later based on CCTV footage and eyewitness accounts. In court, they were convicted under IPC Section 390 due to the violent nature of the theft, which qualified as robbery. They received sentences of ten years in prison and fines, emphasizing the seriousness of their actions and the law’s stringent approach to such violent offences.
