Page 23 - Insurance Times December 2019

imprisonment for life, etc.-Whoever commits extortion by death or of instant hurt or instant wrongful restraint.
putting any person in fear of an accusation against that In other words, theft would only be robbery if for any
person or any other, of having committed or attempted to of the ends mentioned in (a) to (c) the offender
commit any offence punishable with death, or with 1 voluntarily causes or attempts to cause to any person
[imprisonment for life], or with imprisonment for a term death or hurt or wrongful restraint or fear of instant
which may extend to ten years or of having attempted to death or of instant hurt or instant wrongful restraint.
induce any other person to commit such offence, shall be If the ends does not fall within (a) to (c) but, the
punished with imprisonment of either description for a offender still causes or attempts to cause to any person
term which may extend to ten years, and shall also be liable death or hurt or wrongful restraint or fear of instant
to fine. death or of instant hurt or instant wrongful restraint,
the offence would not be robbery. That (a) or (b) or
Section 389 in The Indian Penal Code: Putting person in (c) has to be read conjunctively with (d) and (e). It is
fear of accusation of offence, in order tocommit extortion.- only when (a) or (b) or (c) co-exist with (d) and (e) or
Whoever, in order to the committing of extortion, puts or there is a nexus between any of them and (d), (e)
attempts to put any person in fear of an accusation, against would amount to robbery;
that person or any other, of having committed, or
attempted to commit an offence punishable with death or In all robbery there is either theft or extortion.
with imprisonment for life, or with imprisonment for a term
which may extend to ten years, shall be punished with When theft is robbery- Theft is "robbery" if, in order to the
imprisonment of either description for a term which may committing of the theft, or in committing the theft, or in
extend to ten years, and shall also be liable to fine. carrying away or attempting to carry away property
obtained by the theft, the offender, for that end, voluntarily
Section 390 in the Indian penal code: Robbery as: - in all causes or attempts to cause to any person death or hurt
robbery there is either theft or extortion. or wrongful restraint, or fear of instant death or of instant
hurt, or of instant wrongful restraint.
When theft is robbery.- Theft is "robbery" if, in order to the
committing of the theft, or in committing the theft, or in When extortion is robbery- Extortion is "robbery" if the
carrying away or attempting to carry away property offender, at the time of committing the extortion, is in the
obtained by the theft, the offender, for that end, voluntarily presence of the person put in fear, and commits the
causes or attempts to cause to any person death or hurt extortion by putting that person in fear of instant death,
or wrongful restraint, or fear of instant death or of instant of instant hurt, or of instant wrongful restraint to that
hurt, or of instant wrongful restraint. person or to some other person, and, by so putting in fear,
induces the person so put in fear then and there to deliver
When extortion is robbery.-Extortion is "robbery" if the up the thing extorted.
offend-er, at the time of committing the extortion, is in the
presence of the person put in fear, and commits the Explanation- The offender is said to be present if he is
extortion by putting that person in fear of instant death, sufficiently near to put the other person in fear of instant
of instant hurt, or of instant wrongful restraint to that death, of instant hurt, or of instant wrongful restraint.
person or to some other person, and, by so putting in fear,
induces the person so put in fear then and there to deliver Indian penal code section 391 The offence of Dacoity: is
up the thing extorted. Robbery involves either theft or defined as when five or more persons conjointly commit
extortion. or attempt to commit robbery, or where the whole number
(a) If in order to the committing of theft; or of persons conjointly committing or attempting to commit
a robbery, and persons present and aiding such commission
(b) In committing the theft; or
or attempt, amounts to five or move every person and
(c) In carrying away or attempting to carry away property
aiding such commission in or aiding is said to commit
obtained by theft;
Dacoity' thus it is clear that it robbery is committed by five
(d) The offender for that end i.e. any of the ends or more persons or even it is attempted or aided by that
contemplated by (a) to (c); number of persons it will become Dacoity.
(e) Voluntarily causes or attempts to cause to any person
death or hurt or wrongful restraint or fear of instant It is another form of Robbery. The difference between

The Insurance Times, December 2019 23