THE INDIAN PENAL CODE, 1860
CONTENTS
CHAPTER XVII
OF OFFENCES AGAINST PROPERTY
3
3
OF ROBBERY AND DACOITY
391. Dacoity
396. Dacoity with murder
CHAPTER XVII
OF OFFENCES AGAINST PROPERTY
3
OF ROBBERY AND DACOITY
Whoever, in order to the committing of extortion, puts or attempts to put any person in fear of an accusation, against that person or any other, of having committed, or attempted to commit an offence punished with death or with 1[imprisonment for life], or with imprisonment for a term which may extend to ten years, shall be punished with imprisonment of either description for term which may extend to ten years, and shall also be liable to fine; and, if the offence be punished under section 377 of this Code, may be punished with 1[imprisonment for life].
1. Subs. by Act
26 of 1955, sec.117 and sch., for "transportation for life" (w.e.f.1-1-1956).
26 of 1955, sec.117 and sch., for "transportation for life" (w.e.f.1-1-1956).
When
theft is robbery. —Theft is "robbery" if, in
order to the committing of the theft, or in committing the theft, or in carving
away or attempting to carry away property obtained by the theft, the offender,
for that end, voluntarily cause 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.
theft is robbery. —Theft is "robbery" if, in
order to the committing of the theft, or in committing the theft, or in carving
away or attempting to carry away property obtained by the theft, the offender,
for that end, voluntarily cause 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.
"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.
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) A hold Z down and fraudulently takes Z's
money and jewels from Z's clothes without Z's 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.
money and jewels from Z's clothes without Z's 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.
(b) A meets Z on the high roads, shows a
pistol, and demands Z's 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.
pistol, and demands Z's 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.
(c) A meets Z and Z's child on the high road. A
takes the child and threatens to fling 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.
takes the child and threatens to fling 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.
(d) 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.
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.
391. Dacoity.
—When five or mor3e persons conjointly commit 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 to five or more, every person so committing, attempting or aiding,
is said to commit "dacoity".
—When five or mor3e persons conjointly commit 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 to five or more, every person so committing, attempting or aiding,
is said to commit "dacoity".
392. Punishment
for robbery. —Whoever commits robbery shall be punished with
rigorous imprisonment for a term which may extend to ten years, and shall also
be liable to fine; and, if the robbery be committed on the highway between
sunset and sunrise, the imprisonment may be extended to fourteen years.
for robbery. —Whoever commits robbery shall be punished with
rigorous imprisonment for a term which may extend to ten years, and shall also
be liable to fine; and, if the robbery be committed on the highway between
sunset and sunrise, the imprisonment may be extended to fourteen years.
393. Attempt
to commit robbery. —Whoever attempts to commit robbery shall be
punished with rigorous imprisonment for a term which may extend to seven years,
and shall also be liable to fine.
to commit robbery. —Whoever attempts to commit robbery shall be
punished with rigorous imprisonment for a term which may extend to seven years,
and shall also be liable to fine.
394. Voluntarily
causing hurt in committing robbery. —If any person, in committing or
in attempting to commit robbery, voluntarily causes hurt, such person, and any
other person jointly concerned in committing or attempting to commit such
robbery, shall be punished with 1[imprisonment
for life], or with rigorous imprisonment for a term which may extend to ten
years, and shall also be liable to fine.
causing hurt in committing robbery. —If any person, in committing or
in attempting to commit robbery, voluntarily causes hurt, such person, and any
other person jointly concerned in committing or attempting to commit such
robbery, shall be punished with 1[imprisonment
for life], or with rigorous imprisonment for a term which may extend to ten
years, and shall also be liable to fine.
1. Subs. by Act
26 of 1955, sec. 117 and Sch., for "transportation for life" (w.e.f. 1-1-1956).
26 of 1955, sec. 117 and Sch., for "transportation for life" (w.e.f. 1-1-1956).
395. Punishment
for dacoity. -Whoever commits dacoity shall be punished with 1[imprisonment for life], or with rigorous
imprisonment for a term which may extend to ten years, and shall also be liable
to fine.
for dacoity. -Whoever commits dacoity shall be punished with 1[imprisonment for life], or with rigorous
imprisonment for a term which may extend to ten years, and shall also be liable
to fine.
1. Subs. by Act
26 of 1955, sec.117 and sch., for "transportation for life" (w.e.f.1-1-1956).
26 of 1955, sec.117 and sch., for "transportation for life" (w.e.f.1-1-1956).
396. Dacoity
with murder. —If any one of five or more persons, who are conjointly
committing dacoity, commits murder in so committing dacoity, every one of those
persons shall be punished with death, or 1[imprisonment
for life], or rigorous imprisonment for term which may extend to ten years, and
shall also be liable to fine.
with murder. —If any one of five or more persons, who are conjointly
committing dacoity, commits murder in so committing dacoity, every one of those
persons shall be punished with death, or 1[imprisonment
for life], or rigorous imprisonment for term which may extend to ten years, and
shall also be liable to fine.
1. Subs. by Act
26 of 1955, sec.117 and sch., for "transportation for life" (w.e.f.1-1-1956).
26 of 1955, sec.117 and sch., for "transportation for life" (w.e.f.1-1-1956).
397. Robbery,
or dacoity, with attempt to cause death or grievous hurt. —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 to any person, the imprisonment with which such offender shall be punished
shall not be less than seven years.
or dacoity, with attempt to cause death or grievous hurt. —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 to any person, the imprisonment with which such offender shall be punished
shall not be less than seven years.
398. Attempt
to commit robbery or dacoity when armed with deadly weapon. —If, at
the time of attempting to commit robbery or dacoity, the armed with any deadly
weapon, the imprisonment with which such offender shall be punished shall not
be less than seven years.
to commit robbery or dacoity when armed with deadly weapon. —If, at
the time of attempting to commit robbery or dacoity, the armed with any deadly
weapon, the imprisonment with which such offender shall be punished shall not
be less than seven years.
399. Making
preparation to commit dacoity. —Whoever makes, any preparation for
committing dacoity, shall be punished with rigorous imprisonment for a term
which may extend to ten years, and shall also be liable to fine.
preparation to commit dacoity. —Whoever makes, any preparation for
committing dacoity, shall be punished with rigorous imprisonment for a term
which may extend to ten years, and shall also be liable to fine.
400. Punishment
for belonging to gang of dacoits. —Whoever, at any time after the
passing of this Act, shall belong to a gang of persons associated for the
purpose of habitually committing dacoity, shall be punished with 1[imprisonment
for life], or with rigorous imprisonment for a term which may extend to ten
years, and shall also be liable to fine.
for belonging to gang of dacoits. —Whoever, at any time after the
passing of this Act, shall belong to a gang of persons associated for the
purpose of habitually committing dacoity, shall be punished with 1[imprisonment
for life], or with rigorous imprisonment for a term which may extend to ten
years, and shall also be liable to fine.
1. Subs. by Act
26 of 1955, sec.117 and sch., for "transportation for life" (w.e.f.1-1-1956).
26 of 1955, sec.117 and sch., for "transportation for life" (w.e.f.1-1-1956).
401. Punishment
for belonging to gang of thieves. —Whoever, at any time after the
passing of this Act, shall belong to any wandering or other gang of persons
associated for the purpose of habitually committing theft or robbery, and not
being a gang of thugs or dacoits, shall be punished with rigorous imprisonment
for a term which may extend to seven years, and shall also be liable to fine.
for belonging to gang of thieves. —Whoever, at any time after the
passing of this Act, shall belong to any wandering or other gang of persons
associated for the purpose of habitually committing theft or robbery, and not
being a gang of thugs or dacoits, shall be punished with rigorous imprisonment
for a term which may extend to seven years, and shall also be liable to fine.
402. Assembling
for purpose of committing dacoity. - Whoever, at any time after the
passing of this Act, shall be one of five or more persons assembled for the
purpose of committing dacoity, shall be punished with rigorous imprisonment for
a term which may extend to seven years, and shall also be liable to fine.
for purpose of committing dacoity. - Whoever, at any time after the
passing of this Act, shall be one of five or more persons assembled for the
purpose of committing dacoity, shall be punished with rigorous imprisonment for
a term which may extend to seven years, and shall also be liable to fine.
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