IPC Section 390 - 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 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.

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.

IPC Section 390: Explained In Simple Terms

The Indian Penal Code (IPC) does not define robbery in isolation, rather, Section 390 IPC defines it in the context of theft and extortion. And the punishment for it is defined under Section 392 IPC.

Section 390 defines theft as a robbery when the offender willfully causes or attempts to cause death, bodily harm, or wrongful restraint to any person or creates fear of immediate death, bodily harm, or wrongful restraint in another person while committing theft while committing the theft, or while carrying away or attempting to carry away property obtained through the theft. The act of stealing is then known as robbery. It simply means that when a person steals or attempts to steal, he or she intentionally causes pain or death or unfairly restrains the target of the theft or a related person.

According to IPC, robbery is considered an aggravated form of either theft or extortion—depending on whether force is used to take or threaten to take something of value from a person.

In simple terms, for an act to qualify as robbery, it must include two critical elements:

1. An unlawful taking of property, either through direct physical violence or by instilling a fear of immediate harm.
2. Intent to cause harm or fear during the act, compelling the victim to part with their property.

When Robbery is Considered Theft: When a person takes property and, in doing so, uses violence or threatens harm to the victim, it becomes robbery. For example, if someone snatches a purse using physical force, it would be robbery under Section 390.

When Robbery is Considered Extortion: When a person instills immediate fear of harm or danger to obtain property or valuable information from someone, this constitutes robbery. For instance, if a person coerces someone to hand over money by threatening them with instant harm, this is classified as robbery through extortion.

Key Terms In IPC Section 390

• Theft: Defined in Section 378 of the IPC, theft is the act of taking another person’s property without their consent, typically without using force or fear.
• Extortion: Covered in Section 383, extortion involves intentionally placing someone in fear of injury or harm to gain property or valuables from them.
• Voluntarily Causing Hurt: This term implies causing injury or harm intentionally. In the context of robbery, any injury caused to secure or take property is deemed an essential element.
• Instant Fear: The threat of harm must be immediate and credible, putting the victim in immediate fear of harm or restraint. For example, a demand made with a visible weapon would constitute “instant fear.”

Key Details Of IPC Section 390

Case Law And Judicial Interpretations

State Of Madhya Pradesh v. Javed Khan And Dalchand (2016)

• Facts: The case involved an incident where the accused were alleged to have committed robbery by snatching a gold chain from the victim.
• Issue: Whether the act of snatching the gold chain constituted robbery under Section 390 IPC.
• Judgment: The court held that the essential ingredients of robbery were not established as there was no use of force or threat of instant hurt. The act was classified as theft under Section 379 IPC, not robbery.

Ravi Jairam Gunjala v. State Of Maharashtra (2018)

• Facts: Ravi Jairam Gunjala was involved in a case where he allegedly snatched a bag containing a significant amount of money from the victim. The incident involved a brief physical struggle.
• Issues: Whether the act of snatching the bag constituted robbery under Section 390 IPC.
• Judgment: The court determined that while the act involved theft, the elements of robbery were not fully satisfied as there was no sustained use of violence. The case was instead prosecuted under Section 379 (theft) of the IPC.

Varismiya Rasulmiya Saiyed v. State Of Gujarat (2019)

• Facts: Varismiya Rasulmiya Saiyed was accused of an offense that involved the snatching of a bag from the victim, leading to a brief altercation.
• Issues: The issue was whether the actions constituted robbery under Section 390 IPC, given the circumstances of the altercation.
• Judgment: The court found that the elements of robbery were not sufficiently established, leading to the reclassification of the offense under theft-related sections of the IPC.

FAQ’s

What are the potential misuses of IPC Section 390?

One potential misuse of Section 390 is its overextension in cases of petty theft or minor scuffles where force was incidental. Accusations of robbery can sometimes be inflated, especially in property disputes or minor incidents, to exert pressure or intimidate the accused. Proper investigation and judicial scrutiny help ensure that the section is not misused.

Are there any defenses available under IPC Section 390?

Defenses against a charge under Section 390 include:

• Lack of Intent: If the accused did not intend to use force or cause fear during the theft or extortion.
• Absence of Physical Force: If the prosecution fails to prove any physical or intimidating force.
• Consent: If the property was willingly handed over without intimidation, the incident may not fall under robbery.

Is Robbery a cognizable and non-bailable offence?

Yes, Robbery is a cognizable and non-bailable offence under Sections 390 and 392 IPC.

What is the penalty for attempting to commit Robbery under IPC?

According to Section 393 of the IPC, attempting to commit Robbery is punishable by up to 7 years of rigorous imprisonment and a fine.

What differentiates Robbery from theft and extortion?

Robbery involves theft or extortion with added elements of violence or threats, making it more severe than simple theft or extortion.