Of robbery and dacoity
Robbery.
- (1) In all robbery there is either theft or extortion.
(2) 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.
(3) 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.
Illustrations.
(a) A holds 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.
(b) A meets Z on the high road, 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.
(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.
(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.
(4) 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.
(5) 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.
(6) 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 imprisonment for life, or with rigorous
imprisonment for a term which may extend to ten years, and shall also be liable to fine.