Robbery in IPC
Robbery in IPC
Statutory Provision
Sections 390 & 392 of the Indian Penal Code, 1860
1. Definition
Robbery is not independently defined in IPC. Instead, Section 390 IPC explains when theft or extortion becomes robbery.
👉 Thus, robbery = aggravated form of theft or extortion.
2. Theft Becomes Robbery (Section 390 IPC)
Theft becomes robbery when:
While committing theft,
Or in committing theft,
Or in carrying away or attempting to carry away the stolen property,
👉 The offender voluntarily causes or attempts to cause death, hurt, wrongful restraint, or fear of instant death/hurt/wrongful restraint.
📌 Example: A snatches a gold chain from B and to escape, pushes B down causing injury → Robbery.
3. Extortion Becomes Robbery (Section 390 IPC)
Extortion becomes robbery when:
Offender puts a person in fear of instant death/hurt/wrongful restraint to that person or another,
And by such fear, induces the person to deliver the property.
📌 Example: A points a gun at B and says, “Give me your wallet now, or I’ll shoot” → Robbery.
4. Punishment (Section 392 IPC)
Imprisonment up to 10 years + fine.
If robbery is committed on a highway between sunset and sunrise, punishment → rigorous imprisonment up to 14 years.
5. Essential Ingredients
Commission of theft or extortion.
Presence of violence or fear of instant violence.
Mens rea (dishonest intention).
Immediate connection between violence and theft/extortion.
6. Difference Between Theft, Extortion, and Robbery
| Offence | Use of Violence | Consent of Victim | Fear Element | Punishment |
|---|---|---|---|---|
| Theft | Not necessary | Without consent | Not required | 3 years (Sec. 379) |
| Extortion | Not necessary | With consent (obtained by threat) | Required | 3 years (Sec. 384) |
| Robbery | Necessary | Without consent (theft) OR with consent under fear (extortion) | Must be instant | 10–14 years (Sec. 392) |
7. Important Case Laws on Robbery
Shyam Behari v. State of U.P. (1957 AIR 320)
Held: If theft is accompanied by violence or threat of violence, it amounts to robbery.
State of Maharashtra v. Joseph Mingel Koli (1997 Cri LJ 4540)
Snatching ornaments by causing fear or instant hurt amounts to robbery.
Aman Kumar v. State of Haryana (2004) 4 SCC 379
Threatening a victim with a knife to hand over property constitutes extortion → robbery.
Pyare Lal Bhargava v. State of Rajasthan (1963 AIR 1094)
If violence occurs after theft is complete and has no connection with carrying away property, it is not robbery.
Chandi Kumar Das v. Abanidhar Roy (AIR 1965 Cal 312)
The fear must be of instant death/hurt/wrongful restraint, not a future threat.
8. Summary Table
| Aspect | Provision | Explanation |
|---|---|---|
| Governing Sections | 390, 392 IPC | Theft/extortion + violence/fear → Robbery |
| Theft becomes Robbery | Violence or fear used while committing/carrying away theft | Eg: Snatching with injury |
| Extortion becomes Robbery | Fear of instant death/hurt/restraint + delivery of property | Eg: Gunpoint robbery |
| Punishment | Sec. 392 IPC | 10 yrs + fine (14 yrs if highway at night) |
| Key Cases | Shyam Behari, Joseph Mingel Koli, Aman Kumar, Pyare Lal, Chandi Kumar Das | Clarify principles |
✅ In short: Robbery under IPC is basically theft or extortion + immediate violence/fear. It is a serious offence with up to 14 years punishment.
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