THEFT— EXTORTION – ROBBERY – DACOITY

Theft :—

Whoever, intending to take dishonestly any movable property out of the possession of any person without that person’s consent, moves the property in a manner to facilitate such taking will be committing theft as defined under Section 378 of Indian Penal Code, Malhu Yadav v. State of Bihar(2002) 5 SCC 724: 2002 SCC (Cri) 1190. 
 
Whoever, intending to take dishonestly any movable property out of the possession of any person without that person’s consent, moves that property in order to such taking, is said to commit theft, [Section 378, Penal Code, 1860 (India)].

Theft and Larceny: — “Theft”, defined in Black’s Law Dictionary, relied upon by Gauhati High Court viz.: “the felonious taking and removing of another’s personal property with the intent of depriving the true own of it; “Larceny” — the unlawful taking or carrying away of someone else’s personal property with the intent to deprive the possessor of it permanently”, Ratul Das v. Oriental Insurance Co. Ltd., AIR 2008 Gau 180.

Dishonest Intention:-

Sec. 378 of IPC — A person can be said to have dishonest intention if in taking the property it is his intention to cause gain, by unlawful means, of the property to which the person so gaining is not legally entitled or to cause loss, by wrongful means, of property to which the person so losing is legally entitled, K.N. Mehra v. State of Rajasthan, AIR 1957 SC 369: 1957 SCR 623: 1957 Cri LJ 552. A person can be said to have dishonest intention if in taking the property it is his intention to cause gain, by unlawful means, of the property to which the person so gaining is not legally entitled or to cause loss, by wrongful means, of property to which the person so losing is legally entitled, K.N. Mehra v. State of Rajasthan, AIR 1957 SC 369: 1957 SCR 623: 1957 Cri LJ 552.

Dishonest and dishonesty: — The word “dishonest” in normal parlance means “wanting in honesty”. A person can be said to have “dishonest intention” if in taking the property it is his intention to cause gain, by unlawful means, of the property to which the person so gaining is not legally entitled or to cause loss, by wrongful means, of property to which the person so losing is legally entitled. Dishonesty is a state of mind where a person does an act with an intent to deceive the other, acts fraudulently and with a deceptive mind, to cause wrongful loss to the other, Southern Electricity Supply Co. of Orissa Ltd. v. Sri Seetaram Rice Mill(2012) 2 SCC 108.

Extortion:—

Whoever intentionally puts any person in fear of any injury to that person or to any other and thereby dishonestly induces the person so put in fear to deliver to any person any property or valuable security or anything signed or sealed which may be converted into a valuable security, commits “extortion”, [Section 383, Penal Code, 1860 (India)]. It also means “ To wrest away.”

Robbery:—

 The unlawful and forcible taking, from the person of another, of goods or money to any value, by violence or putting him in fear.
 Theft or extortion when caused with violence causing or causing fear of death, hurt or wrongful restraint is robbery. When there is no theft committed, then as a natural corollary, there cannot be robbery. Robbery is only an aggravated form of offence of theft or extortion. Aggravation is in the use of violence causing or causing fear of death, hurt or restraint. Violence must be in course of theft and not subsequently. Also, it is not necessary that violence should actually be committed but even attempt to commit it is enough, Venu v. State of Karnataka(2008) 3 SCC 94: (2008) 1 SCC (Cri) 623. ” 3. In all robbery there is either theft or extortion.

When theft is robbery. — 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 extortion is robbery. — Extortion is “robbery” if the offender, at the time of committing the extortion, is in the Wpresence 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. 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, Section 390, Penal Code, 1860 

Dacoity

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”, Section 391, Penal Code, 1860

Criminal LawLaw Notes for LAW STUDENTS

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