Under the Indian Penal Code (IPC), Theft is defined as a crime that involves the dishonest appropriation of someone else’s property. Extortion involves coercing someone to deliver property or valuable security by putting them in fear of injury or wrongful restraint. Robbery is an offence that involves the unlawful taking of someone’s property by using force, intimidation, or threat. Dacoity refers to a group of five or more individuals who engage in committing robbery or theft with the use of force, violence, or threat. It typically involves criminal acts like looting, plundering, and causing harm to the victims.
THEFT (Section 378)
Theft is defined as the dishonest taking of movable property without the consent of the owner, intending to keep it permanently. Whoever, intending to dishonestly take any moveable property out of the possession of any person without that person’s consent, moves that property in order to such taking, is said to commit theft.
ELEMENTS :
- Dishonest intention: The person must have an intention to take the property without the owner’s consent and keep it for themselves.
- Taking of movable property: The property in question must be moveable, i.e., something that can be physically taken.
- Without consent: The property must be taken without the consent of the owner.
- Moving the property: There must be an act of moving the property to accomplish the Theft.
PUNISHMENT : Section 379 of the IPC deals with the punishment for Theft, which can be imprisonment for up to three years, a fine, or both.
- Section 380 (Theft in dwelling house, etc) : If anyone who steals from a dwelling or any building, tent, or vessel used for living or property storage can be imprisoned for up to seven years and may also have to pay a fine.
- Section 381 (Theft by clerk or servant of property in possession of master) : If a clerk or servant steals something from their boss or employer, they can be punished with imprisonment for up to seven years and may also have to pay a fine.
- Section 382 (Theft after preparation made for causing death, hurt or restraint in order to the committing of the theft) : If anyone who plans to cause harm, fear, or restrain someone while committing theft, or while trying to escape afterward, or to keep the stolen property, can be sentenced to up to ten years of rigorous imprisonment and may also have to pay a fine.
EXTORTION (Section 383)
Extortion is a serious offence that involves the act of obtaining money, property, or any valuable thing through coercion or threats. Extortion is defined as the act of intentionally putting a person in fear of any injury to the person or reputation, or of any other person, with the intent to dishonestly induce them to deliver any property or valuable security.
PUNISHMENT : Section 384 which deals with the punishment for extortion. According to this provision, anyone found guilty of extortion shall be punished with imprisonment of either description for a term which may extend to three years, or with a fine, or both.
- Section 385 (Putting Person in Fear of Injury to Commit Extortion) : Section 385 addresses situations where an individual intentionally puts another person in fear of any injury to commit Extortion.This provision states that any person committing such an act shall be punished with imprisonment of either description for a term extending up to two years, or with a fine, or both.
- Section 386 (Extortion by Putting a Person in Fear of Death or Grievous Hurt) : Section 386 deals with more severe forms of extortion, involving the threat of death or grievous hurt. If someone, with the intent to commit extortion, puts another person in fear of the said consequences, they shall be punished with imprisonment for a term which may extend to 10 years, and shall also be liable to a fine.
- Section 387 (Putting person in fear of death or of grievous hurt, in order to commit extortion) : If someone uses fear of death or serious harm to extort someone, they can be imprisoned for up to seven years and fined.
- Section 388 (Extortion by threat of accusation of an offence punishable with death or imprisonment for life, etc.) : If someone tries to scare or threaten another person by falsely accusing them or someone else of a serious crime, they can be punished with imprisonment for up to 10 years & also with fine and if the offence is punishable under Section 377, the person may be imprisoned for life.
- Section 389 (Putting person in fear of accusation of offence, in order to commit extortion) : If someone tries to scare or threaten someone else by falsely accusing them or others of a serious crime that could result in the death penalty or life imprisonment, they can be punished with imprisonment for up to 10 years with the fine and if the offence be punishable under section 377 of this Code, may be punished with life imprisonment.
ROBBERY (Section 390)
According to this section, Robbery occurs when a person commits theft with the use of force or the threat of force, intending to take dishonest possession of someone’s property.
ELEMENTS:
- Include the act of theft,
- The presence of force &
- The intention to dishonestly possess the stolen property.
PUNISHMENT : Section 392 states the punishment for it which includes rigorous imprisonment of up to 10 years, along with a fine. If the robbery happens on a highway between sunset and sunrise, the imprisonment can be extended to fourteen years.
- Section 393 (Attempt to commit robbery) : Attempting robbery is a serious offence and can lead to up to seven years of rigorous imprisonment, along with a fine.
- Section 394 (Voluntarily causing hurt in committing robbery) : This section relates to voluntarily causing hurt or using deadly weapons while committing robbery. If an offender voluntarily causes hurt and commits robbery using a deadly weapon or a substance that may cause death, they can be sentenced to life imprisonment or rigorous imprisonment for a term up to 10 years, along with a fine.
DACOITY (Section 391)
Dacoity refers to a group of five or more people unlawfully committing robbery. The offence involves the use of force, weapons, or causing fear of immediate death or grievous hurt.
PUNISHMENT : Section 395 states that if five or more individuals commit robbery, they shall be punished with rigorous imprisonment for a term not less than 10 years, extending up to life imprisonment.
- Section 396 (Dacoity with Murder) : If five or more people commit robbery together, and one of them commits murder during the robbery, all of them will be punished with death, life imprisonment, or rigorous imprisonment for up to ten years, and they will also be fined.
- Section 397 (Robbery, or dacoity, with attempt to cause death or grievous hurt) : In cases of robbery or dacoity, if the offender uses a deadly weapon, inflicts serious injuries, or attempts to cause death or serious harm, the minimum punishment for imprisonment is 7 years.
- Section 398 (Attempt to commit robbery or dacoity when armed with deadly weapon) : If someone attempts robbery or dacoity while carrying a deadly weapon, they will be imprisoned for a minimum of 7 years.
- Section 399 (Making preparation to commit dacoity) : If someone prepares to commit dacoity, they can be sentenced to up to 10 years of rigorous imprisonment and may also be fined.
- Section 400 (Punishment for belonging to gang of dacoits) : If someone is found to be a member of a gang involved in habitual dacoity, they could face either life imprisonment or rigorous imprisonment for up to 10 years, along with the possibility of a fine.
- Section 402 (Assembling for the purpose of committing dacoity) : If five or more people gather with the intention of committing dacoity, they can be imprisoned for up to 7 years and may also face a fine.
Theft, robbery, extortion, and dacoity are serious criminal acts. They involve taking someone’s property unlawfully, using force or intimidation. These crimes disrupt society and cause harm. It’s important for individuals and communities to work together to prevent and combat such acts.
REFERENCES :
- https://timesofindia.indiatimes.com/city/ludhiana/576-nabbed-for-331-snatchings-cases-542-for-532-thefts-in-23/articleshow/103649633.cms – TIMES OF INDIA
- https://timesofindia.indiatimes.com/city/nagpur/youtuber-4-aides-booked-for-5l-extortion-bid-dacoity/articleshow/102464062.cms – TIMES OF INDIA
- https://indianexpress.com/article/cities/ahmedabad/robbers-beat-up-cooking-gas-agency-manager-flee-with-rs-1-1-8883152/ – INDIAN EXPRESS
