Section: Pakistan Penal Codes ACT 1860
Question About: Theft Extortion Robbery dacoity
Distinguish between:
1. Theft and Extortion.
2. Theft and Robbery.
3. Extortion and Robbery.
4. Extortion, theft, robbery and dacoity.
5. Extortion, theft, dacoity.
6. Robbery and dacoity.
Answer
1. Distinction between theft and extortion:
(i) As to consent: In theft, the offender’s intention is to take without the owner’s consent while in extortion, consents obtained by putting the person in possession of property in fear of injury to himself or any Other person. There is wrongful obtaining of consent.
(ii) As to nature of property: Theft is limited only to movable property may be the subject of the offence.
(iii) As to fear of force: In theft there is no element of force whereas in extortion there is the element of force, for property is obtained by putting a person in fear of injury to that person or any other.
2. Distinction between theft and robbery:
As to violence: Theft means the taking away dishonestly any movable property of another without that persons consent i.e., by stealth. Theft becomes robbery if in the course of it the offender causes or attempts to cause death, hurt or wrongful restraint, or fear of instant death hurt or wrongful restraint.
3. Extortion and robbery:
In extortion, a person is forced to deliver any property against his will when he is put in fear of injury to himself or mother and is dishonestly induced to deliver the properly. But whenever theft is accompanied by violence or fear of instant violence, the presence of the offender, and the delivery of the thing extorted, there is robbery.
4. Extortion, theft, robbery and dacoity:
Extortion occupies a middle place between theft and robbery or dacoity. Dacoity is robbery by five or more persons conjointly committed or attempted to be committed. Robbery, on the other hand, is a special and aggravated form of either theft or extortion. Theft is robbery if in the course of it the offender voluntarily causes or attempts to cause to any peers death hurt or wrongful restraint, or fear of instant death hurt or wrongful restraint. Thus if hurt is actually caused when the offence is committed the offence is punishable as robbery. Extortion is robber if the former is accompanied violence (i.e by putting the person in fear of instant death, hurt or wron2fui restraint), presence of the offender and delivery of the thing extorted.
Extortion differs from theft inasmuch as in the former there is he wrongful obtaining of consent by putting the person in possession of property in fear of injury to him or to any other. The offence of extortion is carried out by overpowering the will of the owner. In heft there is never the intention of the offender to obtain the consent of the owner of the property. Moreover, in theft the property involved of is movable property but in case of extortion it maybe any
5. Distinction between theft, extortion and robbery:
(i) Consent: In theft, offender takes without the owner’s consent. In extortion, offender takes by the wrongful obtaining consent. Robbery is an aggravated form of theft or extortion. Offender takes without consent.
(ii) Property: Theft can he committed in respect of movable property only. Extortion can be committed in respect of any property movable as well as immovable. In robbery, immovable property is involved only if it is a form of extortion, not otherwise.
(iii) Force: In theft, no force is involved. In extortion, the property is obtained by putting intentionally that person or any other in fear of injury, in robbery, force may or may not be used according to as robbery is a form of theft or extortion.
6. Robbery and dacoity:
The essence of the difference between the two lies only in the number of person involved in the Hence. Dacoity is robbery committed by five or more persons. Further, dacoity is the offence for which the preparation is sufficient constitute the offence.