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When theft is robbery under Indian Penal Code?

Robbery is one of the heinous crime which can be either theft or extortion. The punishment for theft is less than robbery and the same goes with extortion. So, that’s the reason one need to know the difference between them. So, before we delve further, let’s understand what is theft and thereafter we will understand when theft is robbery.

 

Theft

 

Section 378 of Indian Penal Code

Section 378 of Indian Penal Code talks about theft. It states that if any person dishonestly takes away movable property without the consent taken out of the possession of the person claiming it.

Essential Requisite

The ingredients of aforementioned section is –

  • Dishonest intention of the accused
  • There should be moveable property
  • Accused takes out the property out of the possession of the person
  • Wrongful gain to the accused and wrongful loss to another
  • Property taken without the consent of the person in possession.

Punishment

Section 379 of Indian Penal Code states that if a person commits theft then he shall be punished with imprisonment for a term which may extend to three years or fine or both.

 

When theft is robbery?

 

Section 390 of Indian Penal Code

Section 390 of Indian Penal Code states that if a person while carrying away the property during theft causes –

  • Death or
  • Hurt or
  • Wrongful restraint
  • Or fear of instant death or instant hurt or of instant wrongful restraint

Then he shall be guilty of Robbery.

 

Illustration

 

A went to X’s house, while he was taking away movable property out of the possession of X, X try to inform police officer. Then A causes hurt and put X in fear of instant death. Here, A commited Robbery.

 

Punishment

Section 392 of Indian Penal Code states that if a person commits robbery then he shall be punished with rigorous imprisonment for a term which may extend to ten years along with fine.

If the robbery was committed on the highway between sunset and sunrise then the person shall be punished for a term which may extend to fourteen years.

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