Law
Desk
Robbery
Robbery is a special and aggravated form of theft or extortion. Robbery
may be distinguished from theft and extortion by the presence of force
and imminent fear of violence and therefore could be defined as felonious
taking of any thing from the victim or in his presence against his will
by violence or putting him in fear of injury. (AIR, 1928 Cal 498).
Section 390 of Penal
Code defines robbery. In practice it is perpetually a matter of doubt
whether a particular act of robbery is theft or extortion. A large proportion
of robberies will be half theft half extortion.
Theft is robbery
when it is committed by carrying away of property and at the end voluntarily
causes or attempts to cause death, hurt, wrongful restraint or fear
of instant death or hurt or instant wrongful restraint of any person.
On
the other hand, if the offender at the time of committing the extortion
put in fear of instant death, hurt or wrongful restraint to anybody
and by putting in fear induces the person to deliver up the thing extorted,
will be considered as robbery. Dishonest intention is a sin qua
non of the offence of robbery.
In a charge of robbery,
it must be shown that there was not only presence of violence or hurt
or wrongful restraint but also that it was caused for the purpose of
enabling theft to be carried out. An accidental injury by a theft will
not convert the offence into robbery. "Wrongful restraint"
implies abridgement of the liberty of a person against his will. Removal
of ornaments from the body of a person after causing death does not
amount to robbery.
Punishment
Section 392 of Penal Code described punishments for robbery. The punishment
for robbery is rigorous imprisonment for a term, which may extend to
then years and also be liable to fine. If robbery is committed on highway
between sunset and sunrise, the imprisonment may be extend to fourteen
years. Highway robbery is a very heinous offence for which deterrent
sentence should be passed by the court. In such a case the value of
the stolen property should not be considered as criterion for fixing
the amount of punishment.
When in committing
or in an attempt to commit robbery the offender voluntarily causes hurt
of a person may be punished with imprisonment for life or with rigorous
imprisonment for a term of ten years and also be liable to fine.
If at the time of
committing robbery or dacoity the offender uses any deadly weapon or
causes grievous hurt to any person or attempts to cause death or grievous
hurt, in that case the imprisonment shall not be less than seven years.
Also while attempting to commit robbery the offender is armed with any
deadly weapon shall be punished with imprisonment not less than seven
years.
Section 401 of Penal
Code provides punishment for a person belonging to a gang or thieves.
If any person belongs to any wandering or other gang of persons associated
for the purpose of habitually committing theft or robbery may be punished
with rigorous imprisonment for a term of seven year and shall also be
liable to fine. The word "belong" connotes something more
than casual association. It involves a notion of continuity over a period
of time sufficiently long to absorb the tenants of the gang whose purpose
is the habitual commission of robbery.
