Answer
Robbery:
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 ay 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 ns1ant death ‘r 1 instant hurt, or of instant wrongful restraint.
When extortion is robbery:
Extortion is ‘robbery’ if the, lender, at the time of committing the extortion is in the presence 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 persons and by, so platting in fear, induce the person so put in fear then and there to deliver up the thing extorted. (S. 390)
To put it shortly, robbery is:
1. theft plus violence causing or attempting to cause death, hurt or wrongful restraint, or fear of instant, violence or
2. Extortion plus offender present plus fear of instant violence plus irn1nediae delivery of the thing extorted.
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Il1ustration
(a) A holds Z down, and fraudulently takes Z’s money and jewels from Z’s clothes without Z’s consent. Here A has committed theft and in order committing of that theft has voluntarily caused wrongful restraint to Z, A has, therefore, committed robbery.
(b) A meets Z on the highroad, show a pistol and demands Z’s purse, Z in consequence, surrenders los purse, Here A has extorted the purse from Z by, putting him in fear of instant hurt and being at the time, of committing the extortion in his presence. A has therefore, committed robbery.
(c) A meets 7 and t child cii the highroad. A takes the child and threatens to lung it down a precipice unless Z delivers his purse, Z, in consequence, delivers his purse. Here A has extorted the purse from Z by causing Z to be in fear of instant hurt O the child who is there present. A has therefore, committed robbery on Z.
(d)A obtains property twin Z by saying our child in the bands of my gang, and will be put to death unless you send us ten thousand rupees a extortion, and punishable as such but it is not robbery less Z is put in tear of the instant death of his child.
It is apparent from the above that’ there is no case of robbery which does, not fall within the definition either the thief of the extortion put in practice it will always be a matter of doubt whether a, particular act of robbery was theft or an extortion. A seizes Z, threatens to murder him unless he delivers of the property, and begins to pull of Z’s ornaments. Z, in terror begs that A will take all he has, and, spare his life, assists in taking off his ornaments, and delivers them to A. Here, such ornaments as A took without Z’s consent are taken by theft. Those which Z delivered up from fear of death are acquired by extortion. It is probably that Z’s right arm bracelet may have been obtained by theft, and left arm bracelet by extortion.
Punishment:
Imprisonment up to ten years and also fine, but it robbery committed on the highway between sunset and sunrise up to 14 years.
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. (S.391).
Punishment:
Imprisonment for life or up 0) 11) years R.I. and also fine.
If anyone of the dacoits commits murder in committing every one of them shall he punished with death, or onion for little, or rigorous imprisonment extending to ten d tine (S.396). It does not matter whether a particular dacoit was inside the house where the Dacoity was committed, or outside the house, so long as the murder is committed in the commission of the Dacoity. It is not necessary that the murder should be committed in the presence of all.
Preparation to commit Dacoity is punishable (S), and so is either belonging to a gang of dacoits (S. 400), or assembling for the purpose of committing Dacoity (S. 402).
Aggravated form of robbery and dacoity:
Offender using any deadly weapon at the time of committing robbery or Dacoity or causing or attempting to cause death or grievous hurt to any person (S.397).
This section only applies to the offender who actually uses a deadly weapon, or causes grievous hurt. Attempt to commit robbery or Dacoity when armed with a deadly weapon (S.398).
Distinction between robbery and dacoity:
The essence of the difference between the two lies only in the number of persons involved in the offence. Dacoity is robbery committed by five or.