Case Summary
| Citation | |
| Keywords | |
| Facts | |
| Issues | |
| Contentions | |
| Law Points | |
| Judgement | |
| Ratio Decidendi & Case Authority |
Full Case Details
Sec 378 – Theft Essential ingredients:
- Dishonest intention to take the property;
- The property must be moveable;
- It should be taken out of the possession of another person;
- It should be taken without the consent of that person;
- There must be some moving of the property to accomplish it’s taking;
Sec 383 – Extortion Essential ingredients:
- intentionally putting a person in fear of injury;
- the purpose of which is to dishonestly induce the person put in fear and
- to deliver property or valuable security.
The offence of extortion is intermediary between the offence of theft and robbery. Extortion becomes robbery, if, the offender at the time of committing the offence puts the person in fear and commits the extortion by causing fear of instant death, hurt or wrongful restraint. However, in “robbery”, the property can be removed by force without the person delivering the property.
Section 390 – Robbery
Robbery is an aggravated form of either theft or extortion.
Essential ingredients:
Theft or extortion or attempt to commit any one of the two is an inevitable ingredient for robbery.
Theft becomes robbery, if, in order to facilitate the committing of theft or in carrying away or attempting to carry away the stolen property, the offender (i.e., the thief) voluntarily causes or attempts to cause death, hurt or wrongful restraint or fear of instant death, instant hurt or instant wrongful restraint.
Extortion is robbery, if, the extortionist at the time of committing the extortion, is in the immediate presence of the victim and puts the victim in fear of instant death, of instant hurt or of instant wrongful restraint, either to that person or to some other person. If out of this fear induced in the victim by the extortionist, he is able to obtain delivery of the thing extorted, then the offence of extortion is committed.
The explanation to section 390 states that the extortionist is said to be present, if he is sufficiently near to put the person in fear of instant death, of instant hurt or of instant wrongful restraint.
Section 391 – Dacoity
Dacoity is nothing but robbery committed by five or more persons.
Essentials of Crime of Dacoity
- Five or more people should be concerned in the commission of the offence.
- Act must be robbery or attempt to commit robbery.
- Five persons must consist of those who themselves commit or attempt to commit robbery or those who are present and aid the principal actors in the commission or attempt of such robbery.
