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L7 Offence of Robbery under Indian Penal Code
L7 Offence of Robbery under Indian Penal Code
In the offence of robbery, there will always be theft or extortion. Generally, when we think of robbery, we recall movie scenes where masked men break glasses of shops and loot the things. Thus, it is important to understand the ingredients of robbery. The ingredients of robbery has been such that they either include the offence of theft or the offence of extortion.
The essential ingredients of the offence of robbery are:
1. in order to commit the theft;
2. in committing the theft;
3. in carrying away stolen property;
4. in attempting to carry away stolen property;
If force is used for the above mentioned purposes , it would be robbery. If force is used for any other purpose , it would not be robbery.
Suppose X is a thief and he steals money from Y's pocket. If X fights with Y in stealing money , X has committed robbery. Similarly, if X has stolen a diamond ring from Y's bedroom and while moving out he confronts physically with Y , this is also a case of robbery.
Suppose X has pickpocketed Y and is running away. Y starts chasing X . X then leaves the purse intact on the road. Y then picks up his purse but he still continues to chase X. X then throws stones at Y to hurt him and stop the chase. In this case force has not been used for any of the ingredients mentioned above. So, X has not committed the offence of robbery.
Hurt caused by the offender must have been voluntarily caused. Hence, accidental injuries will not have the effect of converting theft into robbery. A thief was trying to open the door. He was unaware that the owner is standing on the other side of the door. Accidentally, the door fell on owner's head and he was injured. Here, the thief would be charged with theft only and there would not be any liability for robbery.
Even if death, hurt or wrongful restraint is caused after committing the theft, in order to carry away the property obtained by theft, the offence of robbery would be committed.
Extortion is robbery if the offender, at the time of committing extortion, is in the presence of the person put in fear of instant death, instant hurt or of 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.
Thus, extortion is committed in presence of person being threatened to become robbery. Suppose A meets Z and Z's child on a highway bridge. A takes the child and threatens Z to deliver him his purse else he would throw the child from the bridge.
But, if A had taken the delivery by warning Z over the phone by saying that "your child is with my gang and will be put to death" , this is not robbery as Z had not been put in fear of instant death of his child.
