Robbery (Section 390 IPC) & Dacoity (Section 391) | Legal Reasoning for CLAT PDF Download

Robbery—Section 390 IPC

Section 390 says:
"Theft is robbery if—in order to commit theft or in the commission of theft or in carrying away or attempting to carry away property obtained by theft, the offender voluntarily causes death, or hurt or injury or wrongful restraint or fear of death or hurt or restraint."

Illustration to Section 390 IPC:
A holds Z down and takes away money and jewellery without Z's consent. A has committed theft, but in order to commit theft, he voluntarily caused wrongful restraint. So, A has committed robbery.

When Extortion is Robbery

Illustrations Provided Under Section 390 IPC:

1. A meets Z on GT Road, shows him a pistol, and demands his purse, and Z delivers his purse. A has extorted the purse by putting him in fear of instant threat and, being present at the time of extortion, has committed robbery.

So, for extortion to be converted into robbery, it is necessary that the extortionist must be present before the person is put in fear of injury or threat of injury.

Dacoity—Section 391

Dacoity is an aggravated form of robbery.

According to Section 391:
"When 5 or more persons conjointly commit or attempt to commit a robbery or are present and aid such commission or attempt, every one of them is said to commit 'DACOITY'."