Location via proxy:   [ UP ]  
[Report a bug]   [Manage cookies]                
Scribd Logo
Upload

Welcome to Scribd!

  • 30 views

    Robbery and Dacoity

    Uploaded by

    Siddhant Sodhia
    - Robbery involves theft or extortion accompanied by wrongful restraint, fear of instant harm, or attempts thereof. Theft becomes robbery if such acts are used to commit or escape from theft. Extortion becomes robbery if the extortionist instills fear of instant harm while demanding property. - Dacoity involves five or more people committing or attempting robbery together or aiding such acts. It is punished more severely than robbery. - The document outlines the key elements that distinguish robbery, dacoity, theft and extortion and provides illustrations of cases to exemplify these legal definitions and differences. It also discusses the punishments prescribed for different robbery and dacoity offenses under Indian law.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd

    Robbery and Dacoity

    Uploaded by

    Siddhant Sodhia
    30 views21 pages
    - Robbery involves theft or extortion accompanied by wrongful restraint, fear of instant harm, or attempts thereof. Theft becomes robbery if such acts are used to commit or escape from theft. Extortion becomes robbery if the extortionist instills fear of instant harm while demanding property. - Dacoity involves five or more people committing or attempting robbery together or aiding such acts. It is punished more severely than robbery. - The document outlines the key elements that distinguish robbery, dacoity, theft and extortion and provides illustrations of cases to exemplify these legal definitions and differences. It also discusses the punishments prescribed for different robbery and dacoity offenses under Indian law.

    Original Description:

    Robbery and Dacoity

    Copyright

    © © All Rights Reserved

    Available Formats

    PPTX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    - Robbery involves theft or extortion accompanied by wrongful restraint, fear of instant harm, or attempts thereof. Theft becomes robbery if such acts are used to commit or escape from theft. Extortion becomes robbery if the extortionist instills fear of instant harm while demanding property. - Dacoity involves five or more people committing or attempting robbery together or aiding such acts. It is punished more severely than robbery. - The document outlines the key elements that distinguish robbery, dacoity, theft and extortion and provides illustrations of cases to exemplify these legal definitions and differences. It also discusses the punishments prescribed for different robbery and dacoity offenses under Indian law.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    30 views21 pages

    Robbery and Dacoity

    Uploaded by

    Siddhant Sodhia
    - Robbery involves theft or extortion accompanied by wrongful restraint, fear of instant harm, or attempts thereof. Theft becomes robbery if such acts are used to commit or escape from theft. Extortion becomes robbery if the extortionist instills fear of instant harm while demanding property. - Dacoity involves five or more people committing or attempting robbery together or aiding such acts. It is punished more severely than robbery. - The document outlines the key elements that distinguish robbery, dacoity, theft and extortion and provides illustrations of cases to exemplify these legal definitions and differences. It also discusses the punishments prescribed for different robbery and dacoity offenses under Indian law.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 21

    Robbery and Dacoity

    Neeraj Kumar Gupta


    Class Protocol for Students

    ● Join your Classes on time.

    ● Avoid leaving the lectures in between.

    ● Respect your Peers and your Instructors.

    ● Keep your Online Chats focused on learning.

    ● Ensure you are in the Professional Attire for learning.

    ● Turn on the microphone to ask your queries and to respond.

    ● Contribute in the process of Learning by being an Active Participant.


    Session Learning Outcome
    At the end of the session, students will be able to

    ● Understand the meaning of Robbery and Dacoity

    ● Draw the line between robbery dacoity, theft and extortion


    Robbery (390)
    ● 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 away 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 instant death or of instant hurt, or of instant
    wrongful restraint.

    ● When extortion is robbery.—Extortion is “robbery” if the offend­er, 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 person, and, by so putting in fear, induces the person so put
    in fear then and there to deliver up the thing extorted.
    Contd…
    ● Explanation.—The offender is said to be present if he is suffi­ciently near to put
    the other person in fear of instant death, of instant hurt, or of instant wrongful
    restraint. 
    Illustrations
    ● (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 to the committing of that theft, has voluntarily caused
    wrongful restraint to Z. A has therefore committed rob­bery.
    ● (b) A meets Z on the high roads, shows a pistol, and demands Z’s purse. Z in consequence,
    surrenders his 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 Z and Z’s child on the high road. A takes the child and threatens to fling 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 to the child who is there present. A has
    therefore committed robbery on Z.
    ● (d) A obtains property from Z by saying—“Your child is in the hands of my gang, and will be put to
    death unless you send us ten thousand rupees”. This is extortion, and punishable as such; but it is not
    robbery, unless Z is put in fear of the instant death of his child.
    Essentials… Theft is Robbery
    ● There cannot be Robbery if either there is no theft or extortion (So all the
    ingredients of theft or extortion, as the case may be applicable)
    ● In case of theft…In order of committing/ In committing/carrying away/
    attempting to carry away the property
    ● Causes death, hurt, wrongful restraint or
    ● Causes the fear of instant death, instant hurt, instant wrongful restraint or
    ● Attempts to cause death, hurt, wrongful restraint
    ● In 382 there is only preparation and in 390, there is causation of attempt
    atleast.
    Essentials… Extortion is Robbery
    ● In case of extortion…Commits extortion is in the presence of the
    person put in fear
    ● Fear relates to the instant death, instant hurt or instant wrongful
    restraint
    ● To that person or any other person
    ● Inducement to deliver the property/ valuable security then and
    there
    Robbery explained
    ● Robbery is aggravated form of theft or extortion.
    ● The distinction as explained in the section may not be found when
    the incident is occurring. It may be a situation that it is half theft
    and half extortion
    ● The phrase “for that end” is required to understood carefully as it
    distinguishes the situation from theft with violence
    Punishment for Robbery (S. 392)
    ● Whoever commits robbery shall be punished with rigorous
    imprisonment for a term which may extend to ten years, and shall
    also be liable to fine; and, if the robbery be committed on the
    highway between sunset and sunrise, the imprisonment may be
    extended to fourteen years.
    S. 394 Voluntarily causing hurt in committing robbery
    ● If any person, in committing or in attempting to commit robbery,
    volun­tarily causes hurt, such person, and any other person jointly
    concerned in committing or attempting to commit such robbery,
    shall be punished with imprisonment for life, or with rigorous
    imprisonment for a term which may extend to ten years, and shall
    also be liable to fine.
    Dacoity (S. 391)
    ● 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”.
    Essentials of Dacoity
    ● Five or more persons must act in association or in concerted
    manner
    ● Such act must be to robbery or attempt to commit robbery
    ● The five persons must consist of those who themselves commit or
    attempt to commit robbery or those who are present and aid the
    principle actors in the commission or attempt of such robbery
    Punishment of Dacoity (395)
    ● Whoever commits dacoity shall be punished with imprisonment for
    life, or with rigorous impris­onment for a term which may extend to
    ten years, and shall also be liable to fine.
    Dacoity with Murder (396)
    ● If any one of five or more persons, who are conjointly committing
    dacoity, commits murder in so committing dacoity, every one of
    those persons shall be punished with death, or imprisonment for
    life, or rigorous imprisonment for a term which may extend to ten
    years, and shall also be liable to fine.
    ● The same transaction is important thing to be kept in mind.
    Making Prep.. To commit Dacoity (399)
    ● Whoever makes, any preparation for committing dacoity, shall be
    punished with rigor­ous imprisonment for a term which may extend
    to ten years, and shall also be liable to fine.
    Belonging to gang of dacoits (400)
    ● Whoever, at any time after the passing of this Act, shall belong to a
    gang of persons associated for the purpose of habitually
    committing dacoity, shall be punished with imprisonment for life, or
    with rigorous imprisonment for a term which may extend to ten
    years, and shall also be liable to fine.
    Assembling for… committing of dacoity (402)
    ● Whoever, at any time after the passing of this Act, shall be one of
    five or more persons assembled for the purpose of committing
    dacoity, shall be punished with rigorous imprisonment for a term
    which may extend to seven years, and shall also be liable to fine.
    Dacoity Puishable at all four stages
    ● Assembling is punishable (Sharing the intent)
    ● Preparation is punishable
    ● Attempt of dacoity is equal to dacoity
    Theft Extortion Robbery Dacoity

    Movable Property All types of property Guess Guess

    Without consent With consent (tainted Guess Guess


    one)
    It can be committed by One or more Guess Guess
    one
    No fear or compulsion Fear of compulsion for Guess Guess
    the same or other person
    Element of fear is absent Present Guess Guess

    Taking Delivery Guess Guess

    Punishment.

    You might also like