08/07/2019
Penal Code, 1860 (Act No. XLV of 1860).
which may extend to ten years, and shall also be liable to fine; and, if the
offence be punishable under section 377 of this Code, may be punished with 139[
imprisonment] for life.
Of Robbery and Dacoity
Robbery
390. In all robbery there is either theft or extortion.
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.
When theft is robbery
When extortion is
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, 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 highroad, 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 highroad. A takes the child, and threatens to
fling it down a precipice, unless Z deliver 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 taka”. 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. When five or more persons conjointly commit or 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, amount to five or more, every person so committing, attempting or
aiding, is said to commit "dacoity".
robbery
Dacoity
Punishment for
robbery
392. 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. Whoever attempts to commit robbery shall be punished with rigorous
Attempt to commit
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