Table of Contents

Theft, extortion, robbery and dacoity

Table of Contents

Theoretical overview

The offence of theft, extortion, robbery and dacoity are considered as an offence against property under chapter XVII of the Indian penal code.

Offence of theft is defined from section 378 to 382. Section 378 defines theft as dishonestly taking of any movable property out of the possession of the person without the permission of the owner.

Conditions for the theft: –

  • dishonest intention to take the property 
  • must be a movable property, The term movable property is mentioned under section 22 of IPC 
  • must take out of the position of the person without consent 
  • property must be moved to be considered as taking

For example- a cuts down a tree on z ground with the intention of dishonestly taking out of the z’s possession without z’s consent, he has committed the offence of theft. Point to be noted here is that, though the tree is an immovable property, it becomes a movable property when it is cut. Also, theft can be committed on your own property as well. The term “out of the position” means changing the position of a particular thing from its initial position without the consent of the owner.

Extortion is defined under section 383 of Indian penal code which states that whoever intentionally put any person in fear of any injury to that person or any other and thereby dishonestly induces the person of putting fear to deliver any person any property or valuable security or anything signed or sealed which may be converted into a valuable security commits an offense of extortion. For example- A threatened z that he will keep z’s child in wrongful confinement unless z will sign and deliver a promissory note binding z to pay certain money to A. Z signs and delivers the note to A. A commits the offense of extortion. 

The term valuable security is same as the as mentioned in section 30 of the Indian penal code. Here, the word injuries also include other harms such as bodily or by reputation in the same way as it is defined in section 44 of Indian penal code.

Section 390 of Indian penal code define robbery which states that all robberies are theft or extortion in nature.

Ingredients for section 390: –

  • theft or extortion or both 
  • causing or attempting death, hurt or wrongful confinement
  • attempting or putting in fear of instant death, hurt or wrongful confinement

When theft is robbery – if during, committing or attempting theft, someone voluntarily causes or attempts to cause any person death or hurt or wrongful confinement.

When extortion is robbery – by putting that person in fear of instant death or instant hurt or of instant wrongful restraint to that person or to any other person to deliver up the thing.

Dacoity is defined under section 391 of Indian penal code which states that robbery committed by 5 or more person constitutes the offense of dacoity. Also, the term gang robbery is synonymous to the word dacoity. 

Moreover, attempting and aiding dacoity will have the same punishment as if the offence was fully committed as it is punishable at every stage. Section 402 states that assembling for the purpose of committing dacoity is also an offence. Also, section 399 states that preparation is also punishable in case of dacoity.

Important differences

Theftextortion
No consentWrongful consent of owner
Only movable property is the subjectBoth movable and immovable
No element of force involvedElement of force is there
Property is taken away by offender itselfProperty is delivered to offender

For robbery, conditions of either theft or extortion must be fulfilled with the instant fear of death, hurt or wrongful confinement

Relevant sections

Section 22 in The Indian Penal Code

 “Movable property” – The words “movable property” are intended to include corporeal property of every description, except land and things attached to the earth or permanently fastened to anything which is attached to the earth.

Section 44 in The Indian Penal Code

“Injury” – The word “injury” denotes any harm whatever illegally caused to any person, in body, mind, reputation or property.

Section 378 in The Indian Penal Code

Theft – Whoever, intending to take dishonestly any moveable property out of the possession of any person without that person’s consent, moves that property in order to such taking, is said to commit theft. Explanation 1 – A thing so long as it is attached to the earth, not being movable property, is not the subject of theft; but it becomes capable of being the subject of theft as soon as it is severed from the earth. Explanation 2 – A moving effected by the same act which affects the severance may be a theft. Explanation 3 – A person is said to cause a thing to move by removing an obstacle which prevented it from moving or by separating it from any other thing, as well as by actually moving it. Explanation 4 – A person, who by any means causes an animal to move, is said to move that animal, and to move everything which, in consequence of the motion so caused, is moved by that animal. Explanation 5 – The consent mentioned in the definition may be express or implied, and may be given either by the person in possession, or by any person having for that purpose authority either express or implied.

Section 379 in The Indian Penal Code

Punishment for theft – Whoever commits theft shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.

Section 383 in The Indian Penal Code

Extortion – Whoever intentionally puts any person in fear of any injury to that person, or to any other, and thereby dishonestly induces the person so put in fear to deliver to any person any property or valuable security, or anything signed or sealed which may be converted into a valuable security, commits “extortion”

Robbery – 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. Explanation – 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. 

Section 391 in The Indian Penal Code

Dacoity – When five or more persons conjointly commit or attempt to commit a robbery, or where the whole number of persons conjointly committing or attempting to commit a robbery, and persons present and aiding such commission or attempt, amount to five or more, every person so committing, attempting or aiding, is said to commit “dacoity”.

Important case laws

Pyare Lal Bhargava v State of Rajasthan[1], the hon’ble Supreme Court pointed out four essentials of the offence of the theft as to convict a person under the offence of theft his act should fall under the four corners namely, taking the property out of legal possession, taking the property either temporarily or permanently, taking with the dishonest intention of causing loss, either temporarily or permanently, to the other and causing wrongful loss.

State of Karnataka v Basavegodwa[2] where the wife accused her husband for taking her into a forest and threating to kill her there unless she removed her ornaments and later on assaulting her after receiving the ornaments. The court decided that ornaments constitute to be personal property of the wife and divesting the wife of these against her wishes or without her consent amounts to a criminal offence.

Points to remember

  • The offence of theft, extortion, robbery and dacoity are considered as an offence against property under chapter XVII of the Indian penal code.
  • Offence of theft is defined from section 378 to 382. Section 378 defines theft as dishonestly taking of any movable property out of the possession of the person without the permission of the owner.
  • Extortion is defined under section 383 of Indian penal code
  • Section 390 of Indian penal code define robbery which states that all robberies are theft or extortion in nature.
  • Dacoity is defined under section 391 of Indian penal code which states that robbery committed by 5 or more person constitutes the offense of dacoity

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