Introduction:

Section 390 of the Indian Penal Code is concerned with robbery. Robbery can arise from either theft or extortion.

Theft Constituting Robbery:

Theft can be said to be “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 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.

Example:

Meera confronts Roja in desolated place an fraudulently takes Roja’s money and jewels for Roja’s possession without Roja’s consent. Here Meera has committed theft, and in order to committing of that theft he voluntarily caused restraint to Roja. Meera has therefore committed robbery.

Extortion constituting Robbery:

Extortion is said to constitute “robbery” if the offender, at the time of committing of 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 person, and, by so putting in fear, induces the person so put in fear then and there to deliver up the thing extorted.

 

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